[WSBAPT] Reopening 2004 Probate

[Amy Goertz]

Good morning, 

I am taking on a new case in which the client’s brother, decedent died in Spokane in 2004. He was unmarried, no kids, and had a home in Spokane and a one-third interest (with his siblings) in Idaho property that was gifted to them by their parents. He had no Will. Mom pre-deceased but Dad was living at the time.

Client’s other brother opened a probate in Spokane County. The records show the probate was opened, Notice of Appointment filed, Affidavits of Mailing filed, and an Affidavit of Publication filed in July 2004. Then nothing.

In 2006, the Clerk sent out a Motion to Dismiss for Want of Prosecution.
In 2007, Clerk’s Order of Dismissal was filed.

In 2011, an Order of Destruction of file was entered.

Apparently while the probate was open, the brother PR sold the decedent brother’s house and pocketed the money. No distributions were made. Since the decedent was intestate, the money should have gone to their father. 

Father died in 2007. He had a trust, of which the new client is the Trustee. She says, “I need help!”

Generally, I would have thought that because this was so long ago, the statute of limitations would have passed on regaining the probate assets. However, can an argument be made that the probate remains incomplete it is still ongoing? I am thinking we would re-open the 2004 probate, have the PR removed and start an ancillary probate in Idaho to deal with that property. Any thoughts other than this is going to be messy?

Thanks in advance for your input. 

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200812/89bdcc4a/attachment.html>