[WSBAPT] Ancillary Probate (But, no other Probate case)

Wed Feb 19 22:10:40 PST 2020

Inge:

My RLTs usually have a situs clause authorizing trustee to change choice of law if situs is changed. Check for that. Assuming the Grantor(s) is(are) still alive and competent, barring a change of situs clause I would generally do a restatement using my document and choosing WA law. My least favorite task is taking responsibility for someone else’s document. 

John J. Sullivan

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, February 19, 2020 2:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ancillary Probate (But, no other Probate case)

I have similar questions concerning a client with an out-of-state RLT who subsequently relocated to and acquired real property in Washington State.  Is the best option to revoke the prior RLT and execute a new RLT or LW&T in Washington, or to have the prior (out-of-state) law firm that prepared the RLT amend the RLT to include the Washington property?  Any thoughts would be appreciated.

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

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From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Mark Nusz <mark.nusz at westwardlaw.org <mailto:mark.nusz at westwardlaw.org> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Wednesday, February 19, 2020 at 2:47 PM
To: "wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> " <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Ancillary Probate (But, no other Probate case)

Hi All:

I have a new client coming on and need to work out a few of the wrinkles on this Out-of-State case.

I understand that a probate case is a probate case in Washington (no such animal as an “ancillary” probate case in WA); however, I am most curious about cases where the decedent domicile was in another JDX (CA in this case) and decedent had an Living Trust (RLT),  thereby negating the need for a probate in CA.

Now (of course), there is a WA piece of real property that is not in the trust and a Probate will be required here.  This will be the first Probate case (no Probate case has been opened in the other state).  

There is a CA Pour-Over Will, but that Will has not been adjudicated as far as I know.  Original Will was “filed” in the County.  So, I don’t think I’ll get an Order from down there to admit the Will up here.  I’ll likely have to get the Will admitted here.  I am wondering if I can get an exemplified copy of the Will from the CA County/Court.  Will meets WA requirements, but not self-proving.  Just get declarations from the witnesses?

So, if this is to be the one and only probate case, I am left wondering if creditors could come up to WA and file claims against the estate (and not just the WA real property).  I do not expect this, but want to know what I could be getting into.  I am planning on publishing and waiting the 4 months here in WA, regardless. 

I am also planning on petitioning for non-intervention powers as the Will does not mention those, although I’d like to handle with a beneficiary waiver.  

Anything I am out in the weeds on here?  

If someone has time to chat about this one, I would completely welcome it.  Let me know.

Best,

Mark D. Nusz

Westward LAW PLLC    |   (360) 364-5030    |      <http://www.westwardlawpllc.com/> www.westwardlawpllc.com    |    Mukilteo, WA  –  Mount Vernon, WA –  Bellingham, WA

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