[WSBAPT] Double Probate Possible or Even Advisable?

[Betsy Wurdeman]

My apologies; the below email was actually sent by me; accidentally from 
Betsy's email address.

Roger at law-hawks.com

-----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.




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