[WSBAPT] Death of Second Spouse/PR scenario

[Mark Vohr]

Betsy:

            Based on analogy when dealing with a DPOA (Agent can't substitute as PR for an incapacitated PR solely by virtue of agency) I would say no that the closing of the estate by proxy would not work.  However, I do think that the solution is still quite simple.  Petition the court to appoint daughter PR of mom's estate to close.  Include waiver/agreement from other daughter.  Should be able to accomplish all of it ex parte via the clerk.  Remember to ask for non-intervention powers and include copy of father's death certificate.   Once the PR daughter gets letters for mother's estate - file a declaration of completion.

Regards,

Mark

Mark C. Vohr, Esq.
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 Betsy Wurdeman
Sent: Tuesday, August 4, 2020 1:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Death of Second Spouse/PR scenario

Hi everyone,

We have an open probate for Wife (appointing Husband as PR).  Halfway through that process, Husband dies.  Husband's Will appointed Daughter, whom we are in the process of appointing as PR for Husband's Estate.  It is not a very complex estate- the main asset is a house that we had just transferred out of Wife's Estate and into the Husband's name right before he died suddenly.  There are two daughters who get along and to whom everything is now left in equal shares.  Can Daughter, as PR for Husband, act in this role to sign the paperwork to close out Wife's Estate (as proxy for Husband who was PR for Wife)?  Or should we try to combine the two probates?  Looking for the fastest, most cost efficient process to finish both for this family.

Thank you to everyone for your thoughts!

Elizabeth 'Betsy' Wurdeman
Of Counsel
Attorney and Counselor at Law

HAWKES LAW FIRM, P.S.
19944 Ballinger Way NE Ste #100
Shoreline, WA 98155
Tel. 206.367.5000     Fax. 206.367.4005
betsyw at law-hawks.com<mailto:elizabethj at law-hawks.com>
www.hawkeslawcenter.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.hawkeslawcenter.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=uK_IWXe2V2Cpq7dgLDq7VIeoeEnFTe24gaV1ORBps3w&s=lzBZOatjfL9y0FMA4fYnoyOB4LALw-dWct4nDNyxztM&e=>


NOTICE:  The information contained in this email may be confidential and/or legally privileged.  It has been sent for the sole use of the intended recipient(s).  If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution or copying of this communication, or any of its contents, is strictly prohibited.  If you have received this communication in error, please contact the sender by reply email, or at (206) 367-5000, and destroy all copies of the original message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200804/4e80d84c/attachment.html>