[WSBAPT] Double Probate Possible or Even Advisable?

[Paul Neumiller]

To tell you the truth, I hadn't even got that far in my analysis so I just assume the court held onto the money as in a deed of trust foreclosure.  I'll call in in a couple of weeks when I get further guidance from the client.  Thank you for your kind offer and have a great weekend.




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.
 

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Friday, January 15, 2021 3:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Double Probate Possible or Even Advisable?

Paul, if this was a tax foreclosure, are you sure the court is holding the surplus funds?  It may be the county.  I dealt with this in a case several years ago (Pierce County), and would be happy to share some tips with you, learned by painful experience, if you want to email me off-list.  Or feel free to call me.

Best,
Candace Wilkerson


Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media Candace Wilkerson  | Senior Associate  |  Wong Fleming 
 
10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050 cwilkerson at wongfleming.com
 
 
 
 
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing. 

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein. 
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Betsy Wurdeman
Sent: Friday, January 15, 2021 2:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Double Probate Possible or Even Advisable?

I think separate probates; concurrent timing is ok.

Notice to the world  though, is probably required.

-----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.
 



***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3Fb8D4W6i94r_YouK_VQ7r946aNlX_FJtIJLZht57cUUhutlYDMABaPU2qCokRrKDfsNRrIQcNV352gYDJLRuqRg_ZN7hh1J4Ffi7iLiZ6uQHoJQmKPNN2CboOI314y9hp1&data=04%7C01%7C%7Ccf257dd1c2064b62cb4b08d8b9acad72%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637463498576841273%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1olKR5S8HMqPUQkilkXIjNJiZvaL5X1iqvwdV9UEVCk%3D&reserved=0


***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.*** _______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbapt&data=04%7C01%7C%7Ccf257dd1c2064b62cb4b08d8b9acad72%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637463498576841273%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=LhdfLoB0G1Ib5o6WqD1gzr3%2FmGV5rA61VBlTISNYQOI%3D&reserved=0
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Paul A  Neumiller.vcf
Type: text/x-vcard
Size: 34670 bytes
Desc: Paul A  Neumiller.vcf
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210115/b42db520/PaulANeumiller.vcf>