[WSBAPT] Will-only THEN creditor opens estate administration NOW we want will admitted to probate
Alexis Singletary
alexis at singletarylawoffice.com
Wed Jul 3 20:46:09 PDT 2019
Sorry, Eric and list!
My bad- creditor is a SECURED creditor of decedent's home where my client has lived with her gravely disabled young adult daughter since before decedent's passing. My client did nothing after her mom died (think she didn't actually know there was a reverse mortgage), so lender started foreclosure and got Administrator appointed.
Just got client appointed as Successor Administrator and is now dealing with lender. The Administration has 3-4 long-estranged children of decedent included in the Estate while decedent's Will gives entire estate to my client, so that's why we want Will admitted. We've been told by lender there are different rules, even more flexible rules, for buying a reverse mortgage residence when it is the heir to the deceased borrower's estate.
Clearly we don't want disabled daughter to have to move from the home that she has known for over a decade and which has been specially modified to meet her needs.
Thank you all for replies on and off list!
Alexis
____________________________
Alexis R. Singletary
Attorney at Law
Singletary Law Office, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, July 03, 2019 10:51 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Will-only THEN creditor opens estate administration NOW we want will admitted to probate
Alexis--Date of death was 2014 or earlier and the creditor opened an administration now, more than 2 years after DOD? I would explore doing a Motion to Dismiss in creditor's probate case, unless there is some reason your client actually needs to proceed with a probate. Call me if you want to discuss; I successfully have had a probate dismissed before and have some case law that could help.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Alexis Singletary
Sent: Tuesday, July 02, 2019 6:44 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Will-only THEN creditor opens estate administration NOW we want will admitted to probate
How about my scenario?
Will was filed in 2014 as Will only.
Creditor starts Estate Administration in 2018.
Now we want the 2014 Will admitted to probate?
I was planning to bring a motion with notice in the 2018 Administration cause number asking the Will-only be admitted to probate and client issued LTs.
Thoughts?
Thanks!
____________________________
Alexis R. Singletary
Attorney at Law
Singletary Law Office, PLLC
253.833.8855
www.SingletaryLawOffice.com<http://www.singletarylawoffice.com/>
This message is from an attorney, so it's confidential and may be protected by attorney-client privilege and/or the work-product doctrine. 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.
CLIENT ADVISORY: A spam filter is in use in our IT system. If you have not received a Reply to an e-mail message within seventy-two hours, please call or leave a voice mail message with the receptionist at 253.833.8855.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, July 02, 2019 3:48 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Converting a will-only filing to a probate
I agree. I had to go to the clerk's office, have the person pull the original will and then go back to the courtroom and wait for that person to personally deliver the original will to the courtroom. I was not given the original will to provide to the judge so my hearing was then heard last even though I had on the calendar to open the new probate. It was very frustrating.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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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 Heather de Vrieze
Sent: Tuesday, July 2, 2019 3:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Converting a will-only filing to a probate
Assuming King County, I have done the former. The biggest trick is getting the Will pulled and in front of the commissioner once it has been filed as a Will Only.
If you open probates by mail or some other variation of ex-parte via the clerk it may not be too difficult, but in-person it was a bunch of waiting for it to be pulled and hand carried down to ex-parte.
Heather
Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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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 Sara D. Longley
Sent: Tuesday, July 02, 2019 3:11 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Converting a will-only filing to a probate
Listmates,
I have a super-basic question for a situation I have simply not encountered before: What is the process for converting a will-only filing into a probate? Do I file the probate under the same cause number and pay the probate filing fee, or do I file a new case and move to merge them, or what?
I'm not finding the answer in the statute or in my probate policy & procedure manual and I don't know where else to look.
Many thanks in advance,
Sara
[cid:image001.jpg at 01D1F8A6.19C81E60]
Sara D. Longley, J.D., LL.M.
LONGLEY LAW PLLC
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