[WSBAPT] Successor PR Question
Jacob Menashe
jacob at hickmanmenashe.com
Tue Oct 27 07:42:12 PDT 2020
I may have oversold the biking. It was a few laps around the neighborhood with one my kids. But still fun! Thanks again to everyone.
Best,
Jacob
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Monday, October 26, 2020 4:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Successor PR Question
Jacob,
That’s why it’s called the Practice of law 😊 If the answers always came to us brilliantly and easily, there would be no need for this listserv! Enjoy your bike ride!
Jennifer L. White, Esq.
[cid:image002.jpg at 01D6AC34.AD1C05A0]
jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813
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 Jacob Menashe
Sent: Monday, October 26, 2020 3:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Successor PR Question
I sure thank everyone for the help, and I am embarrassed I didn’t see the statute, that had the answer in black and white, before I posted. I think with this I’m heading home for a bike ride.
Jacob
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 Dalynne Singleton
Sent: Monday, October 26, 2020 1:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Successor PR Question
You can probably put in the declaration of completion/compliance of the PR’s death to advise the court and the heirs that this has happened and then the language providing for objection and closing within 30 days… if any objection received, a new PR will need to be appointed prior to hearing.
I have not done this but my suggestion.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Due to COVID-19, I am working remotely. As a result, I cannot accept any physical messenger service at this time. Please email all pleadings and agreed upon service documents to my email. In-person meetings are not possible at this time. Email is the best way to reach me until further notice. If you would like a telephone or Zoom conference, please email my probate paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or my personal injury paralegal dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.
Thank you very much and stay safe!
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image003.png at 01D6AC34.AD1C05A0] [cid:image004.png at 01D6AC34.AD1C05A0] [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=> [cid:image006.png at 01D6AC34.AD1C05A0]
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 Jeannie OBrien
Sent: Monday, October 26, 2020 9:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Successor PR Question
Similar question – but different:
If a PR dies at the close of estate administration, leaving only the declaration of completion to be filed and notice sent to heirs and beneficiaries to finish the job, can the attorney for the PR finish it up? PR died intestate, decedent’s 2 year date of death anniversary is March 5, 2021, notice to creditors was published and claims have been resolved.
If an heir or beneficiary responded to the notice of filing within 30 days, the attorney would seek to have another PR appointed, but it is unlikely in this case.
Attorney would like to get this case off her desk…
Jeannie O'Brien, Attorney
www.SelanderOBrien.com<http://www.selanderobrien.com/>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax
[Logo2a]
Thank you for your patience and understanding while Selander O’Brien abides by the conditions imposed in Phase 2 of the Stay Home, Stay Healthy order. We are seeing clients in the office for short meetings, and continue to schedule phone conferences when longer discussions are necessary.
This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately, and do not copy or send this message to anyone else.
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 Dalynne Singleton
Sent: Monday, October 26, 2020 12:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Successor PR Question
RCW 11.40.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.150>
Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy.
(1) If a personal representative has given notice under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> and then resigns, dies, or is removed, the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> if the vacancy occurred within twenty-four months after the decedent's date of death; and
(b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been accepted or rejected by the prior personal representative; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal and first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four month self-executing bar under RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051>.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Due to COVID-19, I am working remotely. As a result, I cannot accept any physical messenger service at this time. Please email all pleadings and agreed upon service documents to my email. In-person meetings are not possible at this time. Email is the best way to reach me until further notice. If you would like a telephone or Zoom conference, please email my probate paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or my personal injury paralegal dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.
Thank you very much and stay safe!
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image003.png at 01D6AC34.AD1C05A0] [cid:image004.png at 01D6AC34.AD1C05A0] [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=> [cid:image006.png at 01D6AC34.AD1C05A0]
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 Jacob Menashe
Sent: Monday, October 26, 2020 9:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Successor PR Question
I have a pretty basic question involving a successor PR. Should the new PR file and publish a new notice to creditors, especially if you are still within four months after publication? This seems like a basic question but I am not coming up with the answer.
Thanks,
Jacob
Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com
CONFIDENTIALITY: The contents of this message and any attachment(s) may contain confidential or privileged information. Any disclosure, copying, distribution, or unauthorized use of the contents of this message is prohibited and doing so may destroy the confidential nature of the communication. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us at (425) 744-5658.
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