[WSBAPT] insolvent estate question

Mark Vohr mcv at ohanafc.com
Mon Nov 11 17:18:08 PST 2019


Cindy – Please reference RCW 11.68.080 with respect to subsequent insolvency.

Depending on the status of the case, and the protection of creditors, you may be able to get your NI powers reaffirmed.  If not, then you are in the process of closing the estate when you don’t have non-intervention powers.  See RCW 11.76.  Seems counterproductive to have extra work for insolvent estates, but that is what is required unless the NI powers are reaffirmed.  Think of the need to protect the creditors if seeking reaffirmation.

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      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Cindy Zetts
Sent: Monday, November 11, 2019 5:01 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] insolvent estate question

Hi, all --

I am handling the probate for a King County intestate estate that just became insolvent, and I hadn't traveled that road until now. The administrator has nonintervention powers that were affirmed late last week. Creditors' claims were held, but all are valid. One is a claim by a lienholder on real property that sold for just enough to pay the loan balance, leaving absolutely nothing left to pay any unsecured creditors or even administration costs, which the administrator has personally covered. The creditors received notice that the estate is now insolvent. What is the most efficient way to close the estate? Just petition to close? Draft letters to the creditors and then petition to close? I'm not finding a lot of guidance in probate resources.


Thanks for any advice.

Cindy Zetts
Cynthia Zetts Law, PLLC
Affordable estate planning, mobile service
253-720-6446

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