[WSBAPT] Death of Second Spouse/PR

Tue Aug 4 16:08:42 PDT 2020

Thank you so much, this is VERY helpful.  The Will for Wife names the same daughter as alternate PR, so I am going to try that route first.  I really appreciate your response!

Thank you,

Betsy

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<http://www.hawkeslawcenter.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Tuesday, August 4, 2020 3:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Death of Second Spouse/PR

Besty,
Unfortunately the Daughter cannot automatically assume the role as PR for mother by virtue of being PR for father. Stacking/nesting fiduciary roles is generally disfavored. For example, husband could not have delegated his PR role to daughter. Theoretically there is a process to combine the probates, but that is a hassle.
This is actually a surprisingly common scenario. I’ve probably handled this a half dozen times in as many years. Here is what I would do:
First question: is there an alternate PR nominated in mother’s will? That person would need to be appointed as PR for mother or decline. If daughter is named alternate PR, daughter can just file a Petition to be appointed as Successor PR, have the sister join in the petition with a written declaration waiving notice, and all should be smooth.
If no alternate PR in mother’s will, then you are looking at a Petition for Successor Administrator with Will Annexed. Ask sister to decline to be Administrator, Consent to non-intervention powers and no bond, Waive Notice of the hearing to Appoint Successor Administrator. Everything should be smooth. If the Commissioner/Judge has concerns or there are creditors, possibly daughter would have to post a bond or not get non-intervention powers, but sounds like that is not the case, so I would expect her to be appointed without a fuss.
Hopefully that helps, and I would be happy to answer more questions with more of the facts.
Best,
Nick
Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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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 Betsy Wurdeman
Sent: Tuesday, August 4, 2020 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Death of Second Spouse/PR

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<http://www.hawkeslawcenter.com/>

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.

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