[WSBAPT] Double Probate Possible or Even Advisable?

[Jane Bitz]

Paul,
Maybe just file a TEDRA action: "In re the Estates of Guy & Caregiver." File the Will and an Affidavit from your client and schedule a hearing for the Court to look at the facts and Order distribution from the Court Clerk to the client?
Just thinking out loud on a Friday afternoon.
Jane.

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


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, January 15, 2021 1:08 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Double Probate Possible or Even Advisable?

Probaters. Greetings.  About 4 years ago, a guy dies and leaves his house to his unrelated caretaker (long story).  Guy's estate not probated (but Will was deposited with superior court.)  House goes into tax foreclosure with about $250K in excess proceeds available.  The unrelated caregiver dies intestate.  The caregiver's sole heir wants to apply for the excess funds from the house.  I see, at least, two probates.  The original guy's estate needs to be probated to get the house into the caregiver's name and then the caregiver's estate needs to be probated to qualify the sole heir to apply for the excess funds.  I have handled several double probates but that was for husbands and wives.  Can a double probate even be opened for two unrelated persons?  So, should I open: (1) two concurrent but separate probates, or (2) two sequential but separate probates, or (3) open a double probate for both the original guy (testate) and the caregiver (intestate)?  Fun stuff.  

And while I'm at it, is there a process or a filing the sole heir can submit to the superior court (who is holding the excess funds) that says, "don't give the money to anyone else until we get our ducks in line"? I would hate to go to all this trouble and find out the court gave the money to somebody else before we completed the probates.




IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.