[WSBAPT] WSBAPT Digest, Vol 74, Issue 7

Wed Nov 4 14:09:09 PST 2020

Wendy - 

You should pay yourself $175 from SBLG - $100 for getting the deed recording set up and my deed recorded, and $75 for traveling to the hospital to witness the other day. I have netted that amount out for the $$ I'm taking for myself from client payments, if that makes sense.

Best,
Sharon 

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com 
Website: www.salmonbaylaw.com
Washington State Bar #47055

NOTICES
The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine, and/or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of wsbapt-request at lists.wsbarppt.com
Sent: Wednesday, November 4, 2020 12:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 74, Issue 7

Send WSBAPT mailing list submissions to
	wsbapt at lists.wsbarppt.com

To subscribe or unsubscribe via the World Wide Web, visit
	http://mailman.fsr.com/mailman/listinfo/wsbapt
or, via email, send a message with subject or body 'help' to
	wsbapt-request at lists.wsbarppt.com

You can reach the person managing the list at
	wsbapt-owner at lists.wsbarppt.com

When replying, please edit your Subject line so it is more specific than "Re: Contents of WSBAPT digest..."

Today's Topics:

   1. Re: Valuation of Real Property Owned by an Estate
      (Philip N. Jones)
   2. Re: Valuation of Real Property Owned by an Estate (Inge Fordham)
   3. Re: Valuation of Real Property Owned by an Estate (Jane Bitz)
   4. Petition for Instructions (Sarah Duncan)
   5. Re: Petition for Instructions (Eric Nelsen)
   6. Looking for the original will of DANA LAWRENCE MCDONALD
      (Randolph Petgrave)

----------------------------------------------------------------------

Message: 1
Date: Tue, 3 Nov 2020 23:24:00 +0000
From: "Philip N. Jones" <pjones at duffykekel.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate
Message-ID:
	<MWHPR02MB2415AECF46F3FF590C67F283BC110 at MWHPR02MB2415.namprd02.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

I vote with Marcus.  There is no hard-and-fast rule, but the tax-assessed value is usually not considered to be fair market value.  A Comparative Market Analysis or a real appraisal is best. Perhaps the beneficiaries will agree in advance on using one or the other.
Phil Jones
Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 853-1482 cell

On Nov 3, 2020, at 2:19 PM, Inge Fordham <inge at fordhamlegal.com> wrote:
?
Colleagues:

In past probate cases I have handled with real property owned by the estate, the PR or administrator has either sold real property or conveyed it to a sole beneficiary.  I now find myself dealing with a situation where the estate owns a townhome in which the granddaughter (one of several beneficiaries under the will) is living and would like to retain.  It is encumbered by a mortgage and unlikely the granddaughter can get approved to refinance or assume the mortgage.  How does the PR determine the net value of the townhome - it varies widely depending on whether the value is determined by the tax assessed value or appraised value.  I have seen attorneys use both.  Is there a bright line rule?

Thank you,

<image001.png>
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/0ac8c33f/attachment-0001.html>

------------------------------

Message: 2
Date: Tue, 3 Nov 2020 23:26:21 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate
Message-ID: <074AC443-C58F-4C02-A154-92DC7F118DD2 at fordhamlegal.com>
Content-Type: text/plain; charset="utf-8"

Thanks, Marcus.  The decedent?s loan will not remain in place under any circumstances.  Either the granddaughter assumes the loan (based on approval of the mortgage company, which will result in transferring the mortgage into her name) or she gets refinanced.  Assuming she cannot qualify for either, the estate will be forced to sell.

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Marcus Fry <mfry at lyon-law.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, November 3, 2020 at 3:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate

Inge:
My 2 cents.

I would get a current market analysis (or broker?s opinion of value) for the realtor (some do it for free others charge $50-$150) and then have the PR communicate with the other heirs to see if there is any disagreement with regard to value.  Saves the cost of a formal appraisal if there is no dispute based upon the CMA/Broker?s Opinion.  I would use current value for the purposes of distribution rather than date of death value.  No different than $100000 sitting in the estate account at death, and then being worth $100,500 at time of distribution.

Note: Not a big fan of the PR leaving decedent?s loan in place for decedent?s granddaughter.  Make sure you send NTC to lender and make sure granddaughter provides proof of homeowner insurance to provide as much protection to PR as possible.  I would say get an indemnity, but given that granddaughter has poor credit, may not be worth anything.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Inge Fordham
Sent: Tuesday, November 03, 2020 2:56 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate

That?s my thought as well.  Just wanted to see what other folks do under these circumstances.  For purposes of determining estate income tax, do we need an appraisal for the value at date of death and at also at date of disposition?  I?m not an accountant, but my understanding is that an increase in the value of the property in excess of $600 in a calendar year triggers estate income tax.

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <Eric at sayrelawoffices.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, November 3, 2020 at 2:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate

For purposes of valuing a distribution to the granddaughter, where other beneficiaries could be prejudiced if it's misvalued, I would get a certified appraisal. I never used assessed value for these situations.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, November 3, 2020 2:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Valuation of Real Property Owned by an Estate

Colleagues:

In past probate cases I have handled with real property owned by the estate, the PR or administrator has either sold real property or conveyed it to a sole beneficiary.  I now find myself dealing with a situation where the estate owns a townhome in which the granddaughter (one of several beneficiaries under the will) is living and would like to retain.  It is encumbered by a mortgage and unlikely the granddaughter can get approved to refinance or assume the mortgage.  How does the PR determine the net value of the townhome - it varies widely depending on whether the value is determined by the tax assessed value or appraised value.  I have seen attorneys use both.  Is there a bright line rule?

Thank you,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/b5b12c85/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 358106 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/b5b12c85/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 14137 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/b5b12c85/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 14083 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/b5b12c85/image003-0001.png>

------------------------------

Message: 3
Date: Tue, 3 Nov 2020 23:35:17 +0000
From: Jane Bitz <jbitz at whc-attorneys.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate
Message-ID:
	<CY4PR2001MB1061333224574DA67637CE3CF6110 at CY4PR2001MB1061.namprd20.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

If the granddaughter is a named beneficiary of the Estate and if the condo could be a non-prorata distribution of her share of the estate, then she does not have to qualify for a refinance for the property to be distributed to her.

Garn -St. Germain is a Federal Act that protects family members of the deceased, as long as they keep the mortgage current after the death of the original person who incurred the mortgage obligation.
Garn ? St. Germain Act 1982
12 U.S. Code ? 1701j?3 - Preemption of due-on-sale prohibitions
(a) Definitions
For the purpose of this section?
(1) the term ?due-on-sale clause? means a contract provision which authorizes a lender, at its option, to declare due and payable sums secured by the lender?s security instrument if all or any part of the property, or an interest therein, securing the real property loan is sold or transferred without the lender?s prior written consent;
(2) the term ?lender? means a person or government agency making a real property loan or any assignee or transferee, in whole or in part, of such a person or agency;
(3) the term ?real property loan? means a loan, mortgage, advance, or credit sale secured by a lien on real property, the stock allocated to a dwelling unit in a cooperative housing corporation, or a residential manufactured home, whether real or personal property; and
(4) the term ?residential manufactured home? means a manufactured home as defined in section 5402<http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00005402----000-.html> (6)<http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00005402----000-.html#6> of title 42<http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html> which is used as a residence; and
(5) the term ?State? means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands.
. . . .

(d) Exemption of specified transfers or dispositions With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on-sale clause upon?

(1) the creation of a lien or other encumbrance subordinate to the lender?s security instrument which does not relate to a transfer of rights of occupancy in the property;
(2) the creation of a purchase money security interest for household appliances;
(3) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety;
(4) the granting of a leasehold interest of three years or less not containing an option to purchase;
(5) a transfer to a relative resulting from the death of a borrower;
(6) a transfer where the spouse or children of the borrower become an owner of the property;
(7) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property;
(8) a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property; or
(9) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

[image001 (4)][cid:image005.png at 01D6B1F6.EA50BFC0][cid:image004.jpg at 01D6B1F6.E9D0E160]
THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without express written consent of Wolff, Hislop & Crockett, PLLC.  Thank You.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, November 3, 2020 2:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Valuation of Real Property Owned by an Estate

For purposes of valuing a distribution to the granddaughter, where other beneficiaries could be prejudiced if it's misvalued, I would get a certified appraisal. I never used assessed value for these situations.

Sincerely,

Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

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 Inge Fordham
Sent: Tuesday, November 3, 2020 2:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Valuation of Real Property Owned by an Estate

Colleagues:

In past probate cases I have handled with real property owned by the estate, the PR or administrator has either sold real property or conveyed it to a sole beneficiary.  I now find myself dealing with a situation where the estate owns a townhome in which the granddaughter (one of several beneficiaries under the will) is living and would like to retain.  It is encumbered by a mortgage and unlikely the granddaughter can get approved to refinance or assume the mortgage.  How does the PR determine the net value of the townhome - it varies widely depending on whether the value is determined by the tax assessed value or appraised value.  I have seen attorneys use both.  Is there a bright line rule?

Thank you,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=soYh8cFA3k9F6FTmk_09bLqVoyv63JQ1kJWJxWZ4nxs&s=HBk0TMrTG7IjsDzbWmg6YbdQHpsdEpA2Z_4eSckJhZU&e=>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/352606aa/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 14081 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/352606aa/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4674 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/352606aa/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 7534 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/352606aa/image004-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 26185 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201103/352606aa/image005-0001.png>

------------------------------

Message: 4
Date: Wed, 4 Nov 2020 16:55:00 +0000
From: Sarah Duncan <sdunc at adamslawyers.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Petition for Instructions
Message-ID:
	<MWHPR1301MB21919E9D442ECC86C3A99C6FC7EF0 at MWHPR1301MB2191.namprd13.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Hello list mates.   I am filing a Petition for Instructions in Snohomish County under the Cy Pres doctrine (RCW 11.96A.127) to ask the court to redirect the charitable share of a Will where the charity is no longer in existence.

My question is whether we can file our petition under our same probate cause number and set a hearing on the Commissioner's calendar, or whether we need to file it a separate TEDRA petition and set a hearing on the Judge's civil motions calendar?

Does anyone know?

Thanks,
___________________________________________
Sarah E. Duncan
Attorney
Adams & Duncan, Inc., P.S.
3128 Colby Avenue
Everett, WA 98201
(425) 339-8556
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201104/e5588c8b/attachment-0001.html>

------------------------------

Message: 5
Date: Wed, 4 Nov 2020 17:29:46 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Petition for Instructions
Message-ID:
	<57DC2058F333E340877E551711127784F34056D1 at SBS2011.SayreLawOffices.local>

Content-Type: text/plain; charset="us-ascii"

Practically speaking I would want to treat that as a petition within the probate itself, and give notice to all parties. However, I think the statute may technically appear to require a separate action under TEDRA. The issue of substituting a new charity for one named in the Will is probably "the determination of any class of...devisees, legatees" and/or "the determination of [a] question arising in the administration of the estate [including without limitation]...(i) the construction of wills" which are "matters" under TEDRA. RCW 11.96A.020(2), subsecs. (a) and (c)(i).

I think it makes little sense to file such a thing as a separate action; it's counterproductive and potentially misleading to have to track down multiple case numbers for instructions to a PR, or determine who is to receive property under the will.

Re filing TEDRA always as a separate action: I investigated this at one point, and discovered that I think this is an unfortunate effect of the statewide clerk's association unknowingly working at cross-purposes to the original intent of the law. The statute, RCW 11.96A.090(2)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.090>, formerly allowed filing TEDRA petitions within the probate OR as a separate action, and I think that was intentional, so that things like removal of a PR could be handled with TEDRA procedures directly under the relevant cause number.

But the clerk's association lobbied to have it amended to always require a separate action, because it was an administrative headache in some fashion to have an action filed within a probate case, and collect another filing fee, and track it as a litigation matter, etc.. The only person testifying in committee was from the clerk's association in support of the bill; there was no opposition. I doubt that the RPPT section or anyone else was even aware of it, or if they were aware, it seemed innocuous at first glance. So it got amended, and the original intent has been impaired somewhat by always having to file in a separate action. See Laws 2013, c 246 sec. 2<http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5135-S.SL.pdf?cite=2013%20c%20246%20%C2%A7%202>.

I think that TEDRA was really supposed to allow a proceeding-within-a-probate, kind of like an adversary proceeding inside a bankruptcy, to standardize the process for bringing a contested matter in front of the judge. But I don't think it is very clear when it should be used or not used even for something arguably within the rather vague definition of "matter," and the 2013 amendment forcing separate actions has really confused things even more. For example, a petition for a family support award is now technically supposed to be a separate action. RCW 11.54.090<https://app.leg.wa.gov/RCW/default.aspx?cite=11.54&full=true#11.54.090>. Clearly that was not the original intent; but the 2013 change to RCW 11.96A.090(2) leads to that result.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Duncan
Sent: Wednesday, November 4, 2020 8:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Petition for Instructions

Hello list mates.   I am filing a Petition for Instructions in Snohomish County under the Cy Pres doctrine (RCW 11.96A.127) to ask the court to redirect the charitable share of a Will where the charity is no longer in existence.

My question is whether we can file our petition under our same probate cause number and set a hearing on the Commissioner's calendar, or whether we need to file it a separate TEDRA petition and set a hearing on the Judge's civil motions calendar?

Does anyone know?

Thanks,
___________________________________________
Sarah E. Duncan
Attorney
Adams & Duncan, Inc., P.S.
3128 Colby Avenue
Everett, WA 98201
(425) 339-8556
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201104/e1845da1/attachment-0001.html>

------------------------------

Message: 6
Date: Wed, 4 Nov 2020 18:01:15 +0000
From: Randolph Petgrave <RandGrave at msn.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Looking for the original will of DANA LAWRENCE
	MCDONALD
Message-ID:
	<MWHPR20MB13750770C6E34D10967998B6BBEF0 at MWHPR20MB1375.namprd20.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Listmates,

I am looking for an original last will and testament for DANA LAWRENCE MCDONALD.

My PC is one of his surviving sons and we would obviously like to submit for probate.

Regards,
Randy

Petgrave & Petgrave, PLLC

Attorneys at Law

Mailing: P.O. Box 2831

Issaquah, WA 98027

Direct: (206) 240-9148

Fax:      (206) 260-2710
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201104/29e6341d/attachment-0001.html>

------------------------------

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

End of WSBAPT Digest, Vol 74, Issue 7
*************************************