[WSBAPT] non probate assets part of inventory?

[Roger Hawkes]

Thanks, Eric.  My sentiments exactly😊  which means, of course, that your reasoning is exactly correct. 😊

we will look for any statutory interpretation and post it if we find any good stuff😊

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, October 23, 2019 2:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] non probate assets part of inventory?

I don't think there is any beyond the statute, which only states that the inventory should include "all of the property of the estate passing under the will or by laws of intestacy and which shall have come to the personal representative's possession or knowledge..." RCW 11.44.015(1). I think the "and" in the statute is ambiguous. If it is a disjunctive "and" then I would interpret it as including both (A) items passing under the will or by intestacy, as well as (B) assets that don't pass by will or intestacy, but that have come into the PR's possession or knowledge. That could conceivably include non-probate assets.

However, if it is a conjunctive "and" then the phrase only means "inventory of what the PR knows of that passes by will or intestacy" and doesn't include non-probate assets at all.

That said, of course the PR still needs to deal with estate taxes, and so still needs to compile a list of what would be included in the gross estate for tax purposes, regardless of whether the asset is classified as probate or non-probate. If the estate is obviously well below the Washington tax exemption of $2+ million then maybe exact accuracy is not a big priority; but if the gross estate is looking like it would be $2 million or more the PR probably needs the non-probate asset information even if those assets don't have to be formally incorporated into the statutorily-required inventory and appraisement.

Boy, was that a long answer to a simple question.

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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Wednesday, October 23, 2019 1:57 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] non probate assets part of inventory?

What authority is there, if any, that non probate assets are supposed to be included in the statutorily required inventory?

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



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