[WSBAPT] 2 probates?

Fri Oct 23 09:57:08 PDT 2020

I just put both names in the caption with the d.o.d. for each and explain the Will vs. No Will in the body of the Petition and get Letters for the joint probate.
Jane Bitz.

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Friday, October 23, 2020 8:17 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; jeff at bellanddavispllc.com
Subject: Re: [WSBAPT] 2 probates?

Inge,

I’ve had this situation before and done the following:
Open probate for DW, then petition the court for an order allowing PR to clear title from DH (supported by Comm Prop Agreement if there is one, or referencing RCW 11.04.015(a), intestate succession for surviving spouse). I’ve also knocked two issues out in one by setting my order out to 1) allow PR to clear title from DH as property vested in DW on DH’s death, and 2) allow PR to take any steps necessary to then transfer DW’s property pursuant to the Will.  Skagit County Superior Court has signed these types of orders for me a few times without issue. Also, I’ve never had a problem with my county accepting quit claim deeds clearing title when it’s supported by a court order. I set out the facts in the petition telling the story of who died first, the nature of the property at DH’s death, that title vested in surviving spouse on death (either by CPA or RCW), then request the court to allow PR to further transfer property pursuant to DW’s Will.

Not sure if anyone else tried that before or had trouble attempting to do so…

I’m happy to share a petition and order if needed.

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

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From: Inge Fordham <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>>
Sent: Thursday, October 22, 2020 4:27 PM
To: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] 2 probates?

Colleagues,

Has anyone attempted to open a joint probate where one spouse died intestate and the second spouse died testate?  I am trying to save my client the added expense of having to commence two separate probates but don’t know that I can under the circumstances.

DH died intestate in 1976, sole asset was real community property.  Title was never cleared to remove DH.  Then DW died testate in 2020 leaving her entire estate (including the same real property) to her spouse.  Son of DH and DW is willing to serve as administrator and personal representative (he is the named PR in DW’s will).  Can I file a joint petition for probate of will, appointment of administrator and personal representative, and order granting nonintervention powers?  Or must I file separately?

I would like to know if anyone has attempted this and, if so, whether they were able to file jointly.  Thanks in advance for any insight!

Best regards,

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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 Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>
Organization: Bell & Davis
Reply-To: "jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>" <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Friday, October 2, 2020 at 3:14 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] 2 probates?

Attached is a form I use to start a joint probate; it can be modified if there is only one Will with the other intestate.  It is an easy, cost effective, way to handle this situation.

Jeff Davis.

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 jbdolan at jbdolan.com<mailto:jbdolan at jbdolan.com>
Sent: Friday, October 2, 2020 2:45 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] 2 probates?

Jenna:

At least in Skagit County, when I have the situation as you describe, if both wills are the same, I have done joint or “double” probates under one cause number and filing fee with no problem.

Jim Dolan

===================

Jones Butler Dolan, PS
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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 Jeff Davis
Sent: Friday, October 2, 2020 1:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] 2 probates?

Ms. Brozik,

We quite often open a combined probate under one cause of action, and filing fee, having both wills admitted.  The Personal Representative can then sign one deed for the joint estate transferring the property to whomever is or are the grantee(s).  There are other options for dealing with the father’s interest, but I believe a joint probate is the best route.  When in doubt, however, check with your local title company and see what they want in order to insure title.

Jeff Davis.

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 Jenna Brozik
Sent: Friday, October 2, 2020 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] 2 probates?

My client's mother just passed away.  There is land in Washington in his mother's name and his late father's name.  The father passed away several years ago but no probate was done.
There is no community property agreement.  The father and mother both had wills that said everything goes to the children in equal shares if their spouse has passed away. The daughter is the PR in both wills.

Does it make sense to open up two probates, one for the father and one for the mother, (to transfer the father's interest to the PR) or just open up one for the mother and transfer the property from the mother and father's name to the two children in equal shares?

Any comments are welcome.

Thanks,

Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

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