[WSBAPT] WSBAPT Digest, Vol 63, Issue 16
Lisa A. Malpass
lam at winstoncashatt.com
Thu Dec 19 12:54:33 PST 2019
Some folks have filed the guardianship as a foreign judgment in Washington to do what needs to be done with real property.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of wsbapt-request at lists.wsbarppt.com
Sent: Wednesday, December 18, 2019 5:12 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 63, Issue 16
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Today's Topics:
1. Guardianship question (Jennifer Johnson)
2. Re: Guardianship question (Marcus Fry)
3. Re: Guardianship question (Mark Vohr)
4. Re: Guardianship question (Jennifer Johnson)
5. Re: Guardianship question (Mike Winslow)
6. Land Use attorney Everett (JOYCE SCHWENSEN)
7. Re: Guardianship question (Jill H. Sasser)
8. Re: Guardianship question (Mike Winslow)
9. Re: Guardianship question (Jill H. Sasser)
10. Recommendation for professional fiduciary, King or Thurston
County? (Eric Nelsen)
11. Re: Recommendation for professional fiduciary, King or
Thurston County? (Dalynne Singleton)
12. Re: Guardianship question (Mike Winslow)
13. Re: Guardianship question (Jennifer Johnson)
----------------------------------------------------------------------
Message: 1
Date: Wed, 18 Dec 2019 12:48:20 -0800
From: Jennifer Johnson <jmhanigan at cni.net<mailto:jmhanigan at cni.net>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Guardianship question
Message-ID: <6CEA677C-C47E-4FB9-BDE2-61BDAF46814E at cni.net<mailto:6CEA677C-C47E-4FB9-BDE2-61BDAF46814E at cni.net>>
Content-Type: text/plain; charset="utf-8"
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon.? The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon.? Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. ?I?m assuming that would be the county in which the real estate is located.? What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law??? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
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Message: 2
Date: Wed, 18 Dec 2019 21:22:00 +0000
From: Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID:
<CY4PR14MB15438BB2C0123A9D6E2CB7DEF6530 at CY4PR14MB1543.namprd14.prod.outlook.com<mailto:CY4PR14MB15438BB2C0123A9D6E2CB7DEF6530 at CY4PR14MB1543.namprd14.prod.outlook.com>>
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Jennifer:
The title company in the county where the property is situated should be consulted because they will be responsible for insuring title. Btw: Really interesting to learn that in Oregon the court does not have supervision over guardian with regard to real estate that is not the IP?s primary residence (i.e., guardian needs court authorization to sell).
Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
Facsimile: (509) 575-1883
NOTICES:
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
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Message: 3
Date: Wed, 18 Dec 2019 21:48:02 +0000
From: Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID:
<MWHPR1301MB196759E7F201297097366186A1530 at MWHPR1301MB1967.namprd13.prod.outlook.com<mailto:MWHPR1301MB196759E7F201297097366186A1530 at MWHPR1301MB1967.namprd13.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
Jennifer:
A couple of thoughts.
Since you are dealing with In Rem jurisdiction, it would seem that Washington law applies to the entire sale transaction of real property. That would also mean Washington guardianship law since it would be a guardian signing the paperwork, similar to the application of Washington probate law in ancillary probates where the PR signs the paperwork.
You may also wish to check with a title company. In a recent case we were working on, title required a court signed ?Confirmation of Sale? which as you know is a requirement under Washington?s guardianship statutes before a guardian is authorized to execute the documents of transfer. Title took the position that the confirmation of sale is the final authority for the transfer, which ensures we have an unbroken chain of title.
So ? if it were me doing this, I would register the guardianship in WA and fully adhere to the procedures under RCW 11.92.110 - .125.
Hope that helps.
Regards,
Mark
Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710 Seattle, WA 98133
T: (206) 782-1189 F: (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com> www.ohanafc.com<http://www.ohanafc.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
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------------------------------
Message: 4
Date: Wed, 18 Dec 2019 14:38:05 -0800
From: Jennifer Johnson <jmhanigan at cni.net<mailto:jmhanigan at cni.net>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID: <B7502B23-1732-46C0-A5DF-509212730599 at cni.net<mailto:B7502B23-1732-46C0-A5DF-509212730599 at cni.net>>
Content-Type: text/plain; charset="utf-8"
Thank you Mark and Marcus for responding!
Full disclosure:? I am also the title officer in the County where the real estate is located.? I consulted myself and am not entirely satisfied with the answer, as this is the first time I have run into this scenario.? ??
Underwriting counsel is getting back to me about this, but I figured that some of you have a lot more experience in this area.? Mark, your thoughts are also what I came up with, but push-back from Guardian?s attorney had me second-guessing myself.
Thanks!
Jennifer
From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Wednesday, December 18, 2019 at 1:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Jennifer:
A couple of thoughts.
Since you are dealing with In Rem jurisdiction, it would seem that Washington law applies to the entire sale transaction of real property. That would also mean Washington guardianship law since it would be a guardian signing the paperwork, similar to the application of Washington probate law in ancillary probates where the PR signs the paperwork.
You may also wish to check with a title company. In a recent case we were working on, title required a court signed ?Confirmation of Sale? which as you know is a requirement under Washington?s guardianship statutes before a guardian is authorized to execute the documents of transfer. Title took the position that the confirmation of sale is the final authority for the transfer, which ensures we have an unbroken chain of title.
So ? if it were me doing this, I would register the guardianship in WA and fully adhere to the procedures under RCW 11.92.110 - .125.
Hope that helps.
Regards,
Mark
Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710 Seattle, WA 98133
T: (206) 782-1189 F: (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com> www.ohanafc.com<http://www.ohanafc.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com> http://mailman.fsr.com/mailman/listinfo/wsbapt<http://mailman.fsr.com/mailman/listinfo/wsbapt>
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Message: 5
Date: Wed, 18 Dec 2019 14:58:55 -0800
From: "Mike Winslow" <mike at winslegal.com<mailto:mike at winslegal.com>>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID: <003401d5b5f6$b9d84b80$2d88e280$@winslegal.com<mailto:003401d5b5f6$b9d84b80$2d88e280$@winslegal.com>>
Content-Type: text/plain; charset="utf-8"
Unless there is statutory authority in Washington for an out of state guardianship order to reach property located in Washington, I fail so see how the Oregon court order controls the disposition of Washington real estate. The Oregon courts have no jurisdiction over Washington situs real property. By analogy, an Oregon probate court order could not reach Washington real property; that?s why we do so called ?ancillary probates?.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 2:38 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
Thank you Mark and Marcus for responding!
Full disclosure: I am also the title officer in the County where the real estate is located. I consulted myself and am not entirely satisfied with the answer, as this is the first time I have run into this scenario. ?
Underwriting counsel is getting back to me about this, but I figured that some of you have a lot more experience in this area. Mark, your thoughts are also what I came up with, but push-back from Guardian?s attorney had me second-guessing myself.
Thanks!
Jennifer
From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Wednesday, December 18, 2019 at 1:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Jennifer:
A couple of thoughts.
Since you are dealing with In Rem jurisdiction, it would seem that Washington law applies to the entire sale transaction of real property. That would also mean Washington guardianship law since it would be a guardian signing the paperwork, similar to the application of Washington probate law in ancillary probates where the PR signs the paperwork.
You may also wish to check with a title company. In a recent case we were working on, title required a court signed ?Confirmation of Sale? which as you know is a requirement under Washington?s guardianship statutes before a guardian is authorized to execute the documents of transfer. Title took the position that the confirmation of sale is the final authority for the transfer, which ensures we have an unbroken chain of title.
So ? if it were me doing this, I would register the guardianship in WA and fully adhere to the procedures under RCW 11.92.110 - .125.
Hope that helps.
Regards,
Mark
Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710 Seattle, WA 98133
T: (206) 782-1189 F: (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com> www.ohanafc.com<http://www.ohanafc.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
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***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com> http://mailman.fsr.com/mailman/listinfo/wsbapt<http://mailman.fsr.com/mailman/listinfo/wsbapt>
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------------------------------
Message: 6
Date: Wed, 18 Dec 2019 23:04:14 +0000
From: JOYCE SCHWENSEN <Joyce at schwensenlaw.com<mailto:Joyce at schwensenlaw.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Land Use attorney Everett
Message-ID:
<CO2PR0801MB2312982770D933199B99C790C9530 at CO2PR0801MB2312.namprd08.prod.outlook.com<mailto:CO2PR0801MB2312982770D933199B99C790C9530 at CO2PR0801MB2312.namprd08.prod.outlook.com>>
Content-Type: text/plain; charset="us-ascii"
PC needs assistance dealing with City of Everett re: issuance of building permits.
Please email me if you have a referral, or call if you are yourself interested so we can discuss.
Thanks, Joyce
Law Office of Joyce S. Schwensen
Joyce S. Schwensen, PS
12055 15th Ave NE
Seattle, WA 98125
Tel: (206) 367-1065
Fax: (206) 899-1674
Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com%3cmailto:Joyce at SchwensenLaw.com>>
www.SchwensenLaw.com<http://www.SchwensenLaw.com><http://www.schwensenlaw.com/<http://www.schwensenlaw.com/>>
PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.
CONFIDENTIALITY NOTICE:
This communication (including any attachments) is confidential and may contain legally privileged information. If you are not the intended recipient or believe that you may have received this communication in error, please delete this communication from your computer and do not retransmit, copy, print or otherwise disseminate this communication.
ATTORNEY-CLIENT RELATIONSHIP:
This e-mail does not in any way intend to provide legal advice to be relied upon by any recipient and does not create any duty or obligation for legal representation on behalf of the sender Joyce S. Schwensen, PS on behalf of the recipient of this e-mail without a written engagement agreement.
REFERRALS:
Please note that no referral by this law firm to other legal professionals is intended as a guaranty or assurance as to the experience, ability, professionalism or other characteristics of such legal professionals.
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------------------------------
Message: 7
Date: Wed, 18 Dec 2019 23:17:57 +0000
From: "Jill H. Sasser" <Jill.Sasser at landerholm.com<mailto:Jill.Sasser at landerholm.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID:
<BYAPR13MB22471B84C87831EB5C9B3EAC8B530 at BYAPR13MB2247.namprd13.prod.outlook.com<mailto:BYAPR13MB22471B84C87831EB5C9B3EAC8B530 at BYAPR13MB2247.namprd13.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
I have done this before. I checked with the title company to see what they would require. The registration should be enough (and the pleadings showing your client has been appointed as Guardian). However, confirm with the title company whether they will also need an order.
Feel free to call me if you have questions.
Jill
Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
[cid:image001.jpg at 01D282BD.7BF1A6F0]
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
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------------------------------
Message: 8
Date: Wed, 18 Dec 2019 15:39:35 -0800
From: "Mike Winslow" <mike at winslegal.com<mailto:mike at winslegal.com>>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID: <005401d5b5fc$68660480$39320d80$@winslegal.com<mailto:005401d5b5fc$68660480$39320d80$@winslegal.com>>
Content-Type: text/plain; charset="utf-8"
What do you mean by ?registration?? is that recording with the Auditor or is it filing with the superior court?
It would be nice if it were as simple as recording?
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
I have done this before. I checked with the title company to see what they would require. The registration should be enough (and the pleadings showing your client has been appointed as Guardian). However, confirm with the title company whether they will also need an order.
Feel free to call me if you have questions.
Jill
Jill H. Sasser | Attorney at Law
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
cid:image001.jpg at 01D282BD.7BF1A6F0
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
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------------------------------
Message: 9
Date: Wed, 18 Dec 2019 23:48:38 +0000
From: "Jill H. Sasser" <Jill.Sasser at landerholm.com<mailto:Jill.Sasser at landerholm.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
Message-ID:
<BYAPR13MB2247894AA0DBDE6F2E9591338B530 at BYAPR13MB2247.namprd13.prod.outlook.com<mailto:BYAPR13MB2247894AA0DBDE6F2E9591338B530 at BYAPR13MB2247.namprd13.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
It?s kind of an interesting provision in RCW 11.90.240 (registration of out of state guardianships). I just love how RCW 11 has such a variety of unusual provisions. I?m always learning! ?
Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mike Winslow
Sent: Wednesday, December 18, 2019 3:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship question
What do you mean by ?registration?? is that recording with the Auditor or is it filing with the superior court?
It would be nice if it were as simple as recording?
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com<mailto:Mike at winslegal.com%3cmailto:Mike at winslegal.com>>
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
I have done this before. I checked with the title company to see what they would require. The registration should be enough (and the pleadings showing your client has been appointed as Guardian). However, confirm with the title company whether they will also need an order.
Feel free to call me if you have questions.
Jill
Jill H. Sasser | Attorney at Law
[cid:image001.jpg at 01D5B5BA.9A2F3FF0]
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com><http://www.landerholm.com<http://www.landerholm.com>>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com>> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com>>> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com%3cmailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
[cid:image001.jpg at 01D282BD.7BF1A6F0]
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
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------------------------------
Message: 10
Date: Thu, 19 Dec 2019 00:13:52 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Recommendation for professional fiduciary, King or
Thurston County?
Message-ID:
<57DC2058F333E340877E55171112778441ACC39A at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="us-ascii"
Litigation matter has a deceased defendant, and we need to set up a PR so we can serve them with a lawsuit and a creditor claim. Defendant has insurance so most likely the PR would be able to tender the claim and insurance defense lawyer would pretty much take over from there.
We would set up the probate either in Thurston County or King County depending on other factors. Does anyone have a recommendation for professional fiduciary would be willing to act as PR?
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com
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------------------------------
Message: 11
Date: Thu, 19 Dec 2019 00:20:55 +0000
From: Dalynne Singleton <dalynne at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recommendation for professional fiduciary, King
or Thurston County?
Message-ID:
<MWHPR1201MB0205760AFE8099CBA2934AFAA5520 at MWHPR1201MB0205.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
I can assist and do this all the time if you want to contact me.
Dalynne Singleton
360-558-5065
Get Outlook for iOS<https://aka.ms/o0ukef<https://aka.ms/o0ukef>>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <Eric at sayrelawoffices.com>
Sent: Wednesday, December 18, 2019 4:17 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Recommendation for professional fiduciary, King or Thurston County?
Litigation matter has a deceased defendant, and we need to set up a PR so we can serve them with a lawsuit and a creditor claim. Defendant has insurance so most likely the PR would be able to tender the claim and insurance defense lawyer would pretty much take over from there.
We would set up the probate either in Thurston County or King County depending on other factors. Does anyone have a recommendation for professional fiduciary would be willing to act as PR?
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com
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Message: 12
Date: Wed, 18 Dec 2019 16:42:04 -0800
From: "Mike Winslow" <mike at winslegal.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question
Message-ID: <009301d5b605$22abe500$6803af00$@winslegal.com>
Content-Type: text/plain; charset="utf-8"
Perfect. Statutory authority for recognizing the out of state guardian?s status and right to act.
Nice.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:49 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
It?s kind of an interesting provision in RCW 11.90.240 (registration of out of state guardianships). I just love how RCW 11 has such a variety of unusual provisions. I?m always learning! J
Jill H. Sasser | Attorney at Law
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Wednesday, December 18, 2019 3:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question
What do you mean by ?registration?? is that recording with the Auditor or is it filing with the superior court?
It would be nice if it were as simple as recording?
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
I have done this before. I checked with the title company to see what they would require. The registration should be enough (and the pleadings showing your client has been appointed as Guardian). However, confirm with the title company whether they will also need an order.
Feel free to call me if you have questions.
Jill
Jill H. Sasser | Attorney at Law
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
cid:image001.jpg at 01D282BD.7BF1A6F0
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
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Message: 13
Date: Wed, 18 Dec 2019 17:06:43 -0800
From: Jennifer Johnson <jmhanigan at cni.net>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question
Message-ID: <AF3FCFF5-F986-45DF-96E2-888730A320D4 at cni.net>
Content-Type: text/plain; charset="utf-8"
Thank you all very much for your input.? It sounds like a registration of the guardianship in superior court is all that is going to be required by underwriting in this case.
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mike Winslow <mike at winslegal.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, December 18, 2019 at 4:42 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question
Perfect. Statutory authority for recognizing the out of state guardian?s status and right to act.
Nice.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:49 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
It?s kind of an interesting provision in RCW 11.90.240 (registration of out of state guardianships). I just love how RCW 11 has such a variety of unusual provisions. I?m always learning! J
Jill H. Sasser | Attorney at Law
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Wednesday, December 18, 2019 3:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question
What do you mean by ?registration?? is that recording with the Auditor or is it filing with the superior court?
It would be nice if it were as simple as recording?
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it?s confidential. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question
I have done this before. I checked with the title company to see what they would require. The registration should be enough (and the pleadings showing your client has been appointed as Guardian). However, confirm with the title company whether they will also need an order.
Feel free to call me if you have questions.
Jill
Jill H. Sasser | Attorney at Law
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guardianship question
Hello all,
I?m hoping someone can provide some brief guidance on the following guardianship scenario/question:
Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon. The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, ?as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law?
Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon. Guardian wants to sell the Washington real estate.
In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state. I?m assuming that would be the county in which the real estate is located. What I?m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ?powers and duties of a guardian under Oregon law?? Guardian says no because the real estate is no longer the protected person?s primary residence, and that is the only scenario in which an additional court order would be necessary.
Any insight would be much appreciated.
Thank you,
Jennifer
Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients.?Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com http://mailman.fsr.com/mailman/listinfo/wsbapt<http://mailman.fsr.com/mailman/listinfo/wsbapt>
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