[WSBAPT] 2 probates?

Inge Fordham inge at fordhamlegal.com
Fri Oct 23 17:32:33 PDT 2020 

Thanks to everyone who shared ideas and experiences.  Appreciate it.

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

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, October 23, 2020 at 4:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] 2 probates?

If the property was owned as community property, with or without a community property agreement, absent a will distributing assets to someone other than the surviving spouse, she survived, and the property should have vested in her immediately. The fact that she has now died, decades later, does not change that. I have had court appointed PRs for the estate of a surviving spouse (now deceased) sign lack of probate affidavits on multiple occasions. Working with a title company to see what will be sufficient to insure title is helpful.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D6A962.7C3ADD50]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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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 4:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; 'Inge Fordham' <inge at fordhamlegal.com>
Subject: Re: [WSBAPT] 2 probates?

I had also thought of just using a lack of probate affidavit supported by a community property agreement or referencing RCW 11.04.015(a) to clear title from DH, then opening probate for DW. My concern was who would sign the affidavit? I believe the requirement is for it to be signed by the surviving spouse? Since DW has also died, wouldn’t property vest via intestate succession (a child), which may be different from what DW’s Will states?

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

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

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From: Heather de Vrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
Sent: Friday, October 23, 2020 10:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'Inge Fordham' <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>>
Subject: Re: [WSBAPT] 2 probates?

Is there any reason that this even needs to be a probate for husband who died in 1976? Why not a lack of probate affidavit, adjudication of intestacy and heirship, or something similar. Check with your favorite title company.

Heather S. de Vrieze
Attorney-at-Law
[cid:image004.jpg at 01D6A962.7C3ADD50]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

For the latest information regarding firm operations and to see precautions we are taking in light of the Coronavirus crisis please visit our firm’s website, www.WestSeattleLaw.com<http://www.WestSeattleLaw.com>.
If I am sick, I will stay home, I ask you to do the same.


CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 23, 2020 10:27 AM
To: 'Inge Fordham' <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] 2 probates?

Inge,

Attached is a petition I used a few years ago in the situation you are in.  We did not have any problem completing the probates.

Jeff Davis

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
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<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
www.jbdolan.com<http://www.jbdolan.com>
www.jonesbutlerdolan.com<http://www.jonesbutlerdolan.com>

Mount Vernon

P.O. Box 2784
415 Pine Street
Mount Vernon, WA 98273
Telephone: 360-336-2939
Facsimile: 360-336-2949

Stanwood

P.O. Box 458
10027 - 269th Place NW (SR 532)
Stanwood, WA 98292
Telephone: 360-629-3833
Facsimile: 360-629-6253



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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