[WSBAPT] Potential Claim in Probate

[Thomas Fiscus]

Hi Listmates - Your thoughts on the following would be most appreciated.Decedent and her husband passed about a year apart.  Community property agreement made probate of his estate unnecessary, but probate was opened on hers.In Jan 2017, while both were alive, they sold real estate in California.  He then died in November 2017; she in December 2018.  There was actually a small loss on the sale after considering sale expenses, etc.  Apparently, since there was a loss, the couple felt they did not have to file a California Tax return with the Franchise Tax Board (FTB).  Independent of the probate, but during the Notice to Creditor period, California sent a Notice to the decedents' address for possible tax due on the real estate transaction in the state in 2017.  The estate responded within the required time to the Notice, but didn't have all the information on the sale.  Through sleuthing with the escrow agent we were able to get the information and send it to FTB.  Months have passed, the estate is ready to close, yet California has not acted and a recent telephone conversation to determine how long it might take was notably unsuccessful.  In fact, the FTB agent indicated they hadn't begun to look at the information we submitted and couldn't predict when that might occur.  The records that might allow us to file an after the fact 2017 tax return with FTB are unavailable.  I cannot see how there could be any tax due.  My questions: Would providing special Notice to the State as a potential creditor under RCW 11.42.030 work to force the State to submit a claim within thirty days or be barred?  Since the creditor is "reasonably ascertainable" would the provisions of RCW 11.42. 050 (1)(b)(ii) apply to bar the claim after November 2019 (two years after the first decedent's death) or would that provision extend it to two years after the survivor's death?  Any ideas for getting this wrapped up gratefully accepted.
Tom Fiscus
Law Office of Thomas J. FiscusP.O. Box 1167Eastsound, WA 98245360-376-3988
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