[WSBAPT] Solvency unknown when opening probate

[Elizabeth Bateman]

If you truly have no idea, you won't be able to ask the Court for nonintervention powers until you have a better idea of what the extent of the assets and debts are.  The Court is not going to want to give them and then expect you to come back if they should be taken away.  You can tell the Court that you are reserving the issue of solvency/nonintervention powers until more is known and petition for a determination of solvency/grant of nonintervention powers later if it becomes clear after you get access to the accounts that the estate is solvent.  I would specifically include in the order authority to access/deal with the decedent's bank accounts.

Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
900 SW 16th Street, Suite 120
Renton, WA 98057
Office: (206) 224-0900
Cell: (425) 444-9946
Website: www.batemanlawgroup.com<http://www.batemanlawgroup.com/>

This email is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally privileged. This information is confidential and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you think that you have received this email message in error, please notify the sender via email or by telephone at (206) 224-0900.



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lovie Bernardi
Sent: Monday, December 6, 2021 12:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Solvency unknown when opening probate

I'm sending this question out again:

I am preparing pleadings to open a probate for someone who did only online banking, so no paper statements have been found. We know that accounts existed, but not their value. The decedent did not own real estate, so we will not know about their assets until letters testamentary are issued. My question is: how do I address solvency in the petition? My inclination is to tell the court we will not know the extent of the assets until letters are issued, ask for a non-intervention probate and indicate that the court will be informed if the estate is insolvent. Any suggestions? Thanks in advance.

Lovie


Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

**********
This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or otherwise have received this message in error, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you are not the intended recipient or otherwise have received this message in error, please notify us immediately by e-mail, discard any paper copies and delete all electronic files of the message.  Circular 230 Notice:  This communication may not be used by you or any other person or entity for the purpose of avoiding any federal tax penalties.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211206/2a64553d/attachment.html>