[WSBAPT] WSBAPT Digest, Vol 72, Issue 27
Jenna Brozik
jennaprinzlaw at gmail.com
Wed Sep 23 17:17:42 PDT 2020
Thanks Michael and Heather. That makes sense. I will prepare two deeds.
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
On Wed, Sep 23, 2020 at 1:45 PM <wsbapt-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
>
> 1. Is this a Conflict? (Denise Kuhlman)
> 2. Re: Is this a Conflict? (Philip N. Jones)
> 3. referral for estate settlement; decedent Gig Harbor resident
> (Kate Szurek)
> 4. Re: referral for estate settlement; decedent Gig Harbor
> resident (Lewis, Amy C.)
> 5. Re: referral for estate settlement; decedent Gig Harbor
> resident (Bryce Dille)
> 6. question about personal representative deed (Jenna Brozik)
> 7. Re: question about personal representative deed (Mike Winslow)
> 8. Re: question about personal representative deed (Mike Winslow)
> 9. Re: question about personal representative deed
> (Heather de Vrieze)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 22 Sep 2020 12:29:27 -0700
> From: Denise Kuhlman <denise at kuhlmanlaw.com>
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Is this a Conflict?
> Message-ID:
> <CANE8kAzTy6SbU9071pAYAJQnaKz8x=
> V0Ox4KBwshxyXyujo7-g at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Is it a conflict to represent someone who is named as the personal
> representative (not an heir) of another client whose will my office
> prepared? They are friends referred by the same source. Does this create a
> conflict that would require me to get signoff from the old client? Are
> there confidentiality issues?
>
> Not sure how to handle this. Any advice is welcome.
> Denise Kuhlman
> *Kuhlman Law Office*
> Office: (206) 795-6418
> Fax: (856) 344-1866
> Email: denise at kuhlmanlaw.com
> http://www.kuhlmanlaw.com/
>
> 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
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> 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,
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> ------------------------------
>
> Message: 2
> Date: Tue, 22 Sep 2020 20:20:07 +0000
> From: "Philip N. Jones" <pjones at duffykekel.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Is this a Conflict?
> Message-ID:
> <
> MWHPR02MB24152260F847BEC535BCD549BC3B0 at MWHPR02MB2415.namprd02.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> It all depends. Has anyone died yet?
> Have you represented the nominated PR previously? In an unrelated
> transaction?
> Are you aware of any issues with the will drafting or other aspects of the
> estate planning?
> Phil Jones
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Denise Kuhlman
> Sent: Tuesday, September 22, 2020 12:29 PM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Is this a Conflict?
>
> Is it a conflict to represent someone who is named as the personal
> representative (not an heir) of another client whose will my office
> prepared? They are friends referred by the same source. Does this create a
> conflict that would require me to get signoff from the old client? Are
> there confidentiality issues?
>
> Not sure how to handle this. Any advice is welcome.
> Denise Kuhlman
> Kuhlman Law Office
> Office: (206) 795-6418
> Fax: (856) 344-1866
> Email: denise at kuhlmanlaw.com<mailto:denise at kuhlmanlaw.com>
> http://www.kuhlmanlaw.com/
>
> 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
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> ------------------------------
>
> Message: 3
> Date: Tue, 22 Sep 2020 21:31:13 +0000
> From: Kate Szurek <kate at skagitlaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] referral for estate settlement; decedent Gig Harbor
> resident
> Message-ID:
> <
> MWHPR0801MB3722D2FA94EE40D3213E8094D73B0 at MWHPR0801MB3722.namprd08.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> One of my estate planning clients referred Norwegian relatives to me, with
> request for help in administering the estate of a brother who immigrated to
> the US in 1949 and died a resident of Gig Harbor. Anyone in Pierce County
> (or elsewhere) who would be interested in possibly handling and would like
> more information?
>
> Short version: Unknown re Will. Never married, no close family relations
> in US. "Valuable property shoreside of inner bay in Gig Harbor."
>
> Thanks in advance.
>
> Kate
>
> Kate Szurek, J.D., LL.M. (in Taxation)
> kate at skagitlaw.com<mailto:kate at skagitlaw.com>
>
> [SkagitLaw_Signature (2)]
> Skagit Law Group, PLLC
> P.O. Box 336 / 227 Freeway Drive, Suite B
> Mount Vernon, WA 98273
> 360.336.1000
> 360.336.6690 (fax)
> http://www.skagitlaw.com<http://www.skagitlaw.com/>
>
>
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> ------------------------------
>
> Message: 4
> Date: Tue, 22 Sep 2020 21:40:11 +0000
> From: "Lewis, Amy C." <ALewis at Eisenhowerlaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Cc: Jen Doehne <jdoehne at eisenhowerlaw.com>
> Subject: Re: [WSBAPT] referral for estate settlement; decedent Gig
> Harbor resident
> Message-ID:
> <
> MW2PR18MB22652D6A86F7CB02C286FA64D93B0 at MW2PR18MB2265.namprd18.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="windows-1252"
>
> Kate,
>
> My colleague Jen Doehne and I would be happy to assist. We
> are located in Tacoma.
>
>
> Amy Lewis, Attorney
>
> [cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]
>
> 1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<
> http://www.eisenhowerlaw.com/>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Kate Szurek
> Sent: Tuesday, September 22, 2020 2:31 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] referral for estate settlement; decedent Gig Harbor
> resident
>
> One of my estate planning clients referred Norwegian relatives to me, with
> request for help in administering the estate of a brother who immigrated to
> the US in 1949 and died a resident of Gig Harbor. Anyone in Pierce County
> (or elsewhere) who would be interested in possibly handling and would like
> more information?
>
> Short version: Unknown re Will. Never married, no close family relations
> in US. "Valuable property shoreside of inner bay in Gig Harbor."
>
> Thanks in advance.
>
> Kate
>
> Kate Szurek, J.D., LL.M. (in Taxation)
> kate at skagitlaw.com<mailto:kate at skagitlaw.com>
>
> [cid:image001.jpg at 01D690EE.440D3220]
> Skagit Law Group, PLLC
> P.O. Box 336 / 227 Freeway Drive, Suite B
> Mount Vernon, WA 98273
> 360.336.1000
> 360.336.6690 (fax)
> http://www.skagitlaw.com<http://www.skagitlaw.com/>
>
>
>
> 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.
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>
> ------------------------------
>
> Message: 5
> Date: Tue, 22 Sep 2020 21:56:33 +0000
> From: Bryce Dille <Bryce at dillelaw.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] referral for estate settlement; decedent Gig
> Harbor resident
> Message-ID:
> <
> MW3PR11MB45889705B455D9028D01460EC83B0 at MW3PR11MB4588.namprd11.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> Although my practice is now in Olympia I live in Gig Harbor and the vast
> majority of my clients are in Pierce county would be glad to assist
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Kate Szurek
> Sent: Tuesday, September 22, 2020 2:31 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] referral for estate settlement; decedent Gig Harbor
> resident
>
> One of my estate planning clients referred Norwegian relatives to me, with
> request for help in administering the estate of a brother who immigrated to
> the US in 1949 and died a resident of Gig Harbor. Anyone in Pierce County
> (or elsewhere) who would be interested in possibly handling and would like
> more information?
>
> Short version: Unknown re Will. Never married, no close family relations
> in US. "Valuable property shoreside of inner bay in Gig Harbor."
>
> Thanks in advance.
>
> Kate
>
> Kate Szurek, J.D., LL.M. (in Taxation)
> kate at skagitlaw.com<mailto:kate at skagitlaw.com>
>
> [SkagitLaw_Signature (2)]
> Skagit Law Group, PLLC
> P.O. Box 336 / 227 Freeway Drive, Suite B
> Mount Vernon, WA 98273
> 360.336.1000
> 360.336.6690 (fax)
> http://www.skagitlaw.com<http://www.skagitlaw.com/>
>
>
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> ------------------------------
>
> Message: 6
> Date: Tue, 22 Sep 2020 17:28:16 -0700
> From: Jenna Brozik <jennaprinzlaw at gmail.com>
> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] question about personal representative deed
> Message-ID:
> <
> CA+Wb5rzRbqG+jx7JsoNJ_-gLCDfGy9uz-YEDfBshvFSsb7X8oQ at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Hello listmates,
>
> My client is the PR of his mother's estate.(Bill)
> There is land titled in Bill's name and his mother's name that needs to be
> transferred into Bill and Bill's wife's name.
> Bill, acting as PR, is the grantor over his mother's portion of the
> property but does it need to be clarified that he is acting as a married
> man and not a PR when transferring his portion of the land to himself and
> his wife?
> (He owns the land outright 50% as tenants in common with his mother (who
> owned the other 50%)
> I was going to just have BIll as PR as Grantor and Bill and his wife as
> Grantees on the deed.....probably overthinking this one.
>
> 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
> -------------- next part --------------
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>
> ------------------------------
>
> Message: 7
> Date: Tue, 22 Sep 2020 17:56:16 -0700
> From: "Mike Winslow" <mike at winslegal.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] question about personal representative deed
> Message-ID: <00e101d69144$5821c4a0$08654de0$@winslegal.com>
> Content-Type: text/plain; charset="utf-8"
>
> If you do it the way you describe, you will continue the tenancy in common
> status:
> Bill will own 50% as his separate property and Bill and Wife will own 50%
> as H and W.
> I am assuming the goal is for 100% to be owned by Bill and Wife, as H and
> W.
>
> Bill needs to convey out of the estate the 50% his mom owned. He may
> convey to himself and spouse. That only addresses 50% of the ownership
> interest.
> To finish the job, he needs to address his half.
> So he will wear two hats as Grantor under the deed, one in his capacity as
> PR (a representative capacity) and one in his capacity as the other tenant
> in common, as to his separate property.
> Thus he also needs to convey his separate property, in his individual
> capacity.
> So he signs the deed twice; once as PR and once individually. The Grantor
> should reflect both capacities.
>
>
>
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>
> This message is from an attorney, so it?s confidential. If you are not the
> intended recipient, it?s too late to stop reading this message, but you may
> not use it for any improper purpose. Huge Disclaimer available upon request.
>
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
> Sent: Tuesday, September 22, 2020 5:28 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] question about personal representative deed
>
> Hello listmates,
>
> My client is the PR of his mother's estate.(Bill)
> There is land titled in Bill's name and his mother's name that needs to be
> transferred into Bill and Bill's wife's name.
> Bill, acting as PR, is the grantor over his mother's portion of the
> property but does it need to be clarified that he is acting as a married
> man and not a PR when transferring his portion of the land to himself and
> his wife?
> (He owns the land outright 50% as tenants in common with his mother (who
> owned the other 50%)
> I was going to just have BIll as PR as Grantor and Bill and his wife as
> Grantees on the deed.....probably overthinking this one.
>
> 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
>
> -------------- next part --------------
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> >
>
> ------------------------------
>
> Message: 8
> Date: Tue, 22 Sep 2020 17:57:33 -0700
> From: "Mike Winslow" <mike at winslegal.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] question about personal representative deed
> Message-ID: <00e601d69144$857b43e0$9071cba0$@winslegal.com>
> Content-Type: text/plain; charset="utf-8"
>
> BTW you have two separate excise tax exemptions in play. The Treasurer may
> require you to do two deeds, with separate REETAS, reflecting each
> exemption applicable to each half interest.
>
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>
> This message is from an attorney, so it?s confidential. If you are not the
> intended recipient, it?s too late to stop reading this message, but you may
> not use it for any improper purpose. Huge Disclaimer available upon request.
>
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
> Sent: Tuesday, September 22, 2020 5:28 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] question about personal representative deed
>
> Hello listmates,
>
> My client is the PR of his mother's estate.(Bill)
> There is land titled in Bill's name and his mother's name that needs to be
> transferred into Bill and Bill's wife's name.
> Bill, acting as PR, is the grantor over his mother's portion of the
> property but does it need to be clarified that he is acting as a married
> man and not a PR when transferring his portion of the land to himself and
> his wife?
> (He owns the land outright 50% as tenants in common with his mother (who
> owned the other 50%)
> I was going to just have BIll as PR as Grantor and Bill and his wife as
> Grantees on the deed.....probably overthinking this one.
>
> 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
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20200922/d09bb146/attachment-0001.html
> >
>
> ------------------------------
>
> Message: 9
> Date: Wed, 23 Sep 2020 15:54:19 +0000
> From: Heather de Vrieze <heatherd at westseattlelaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] question about personal representative deed
> Message-ID:
> <
> MW3PR22MB21072CD14A4A67BC38C75589A7380 at MW3PR22MB2107.namprd22.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> Exactly. My advice to clients in these situations, for clarity, and
> because of the excise tax issue is two deeds, one from the estate to him
> (458-61A-202) and a second deed from himself to he and his spouse to
> convert to community property (458-61A-203).
>
> I have had deeds kicked back when trying to do with one deed.
>
> Heather
>
> Heather S. de Vrieze
> Attorney-at-Law
> [cid:image003.jpg at 01D69187.1F329730]
> 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 <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Mike Winslow
> Sent: Tuesday, September 22, 2020 5:58 PM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] question about personal representative deed
>
> BTW you have two separate excise tax exemptions in play. The Treasurer may
> require you to do two deeds, with separate REETAS, reflecting each
> exemption applicable to each half interest.
>
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com<mailto:Mike at winslegal.com>
>
> This message is from an attorney, so it?s confidential. If you are not the
> intended recipient, it?s too late to stop reading this message, but you may
> not use it for any improper purpose. Huge Disclaimer available upon request.
>
> From: wsbapt-bounces at lists.wsbarppt.com<mailto:
> wsbapt-bounces at lists.wsbarppt.com> [mailto:
> wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
> Sent: Tuesday, September 22, 2020 5:28 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] question about personal representative deed
>
> Hello listmates,
>
> My client is the PR of his mother's estate.(Bill)
> There is land titled in Bill's name and his mother's name that needs to be
> transferred into Bill and Bill's wife's name.
> Bill, acting as PR, is the grantor over his mother's portion of the
> property but does it need to be clarified that he is acting as a married
> man and not a PR when transferring his portion of the land to himself and
> his wife?
> (He owns the land outright 50% as tenants in common with his mother (who
> owned the other 50%)
> I was going to just have BIll as PR as Grantor and Bill and his wife as
> Grantees on the deed.....probably overthinking this one.
>
> 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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