[WSBAPT] WSBAPT Digest, Vol 82, Issue 20

Fri Jul 9 12:46:25 PDT 2021

Sell the ammunition and split the proceeds.

ROBERT E.WEST, JR.
WEST LAW OFFICES, P.S.
332 1st Street NE
Auburn WA  98002
Telephone: 253-351-9000
Facsimile:  253-833-5322
E-Mail:    rwest at westlawoffices.com
Website: www.WestLawOffices.com

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Subject: WSBAPT Digest, Vol 82, Issue 20

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Today's Topics:

   1. Re: Does specific gift of firearms include ammo? (Diane J. Kiepe)
   2. Notice creditors and ancillary probate (Claudia A Gowan)
   3. Re: intestate succession where surviving spouse dies and only
      heir disclaims (Philip N. Jones)
   4. Logistics Question - Cleaning up Property Ownership Records
      (Brent Williams-Ruth)

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Message: 1
Date: Thu, 8 Jul 2021 19:05:55 +0000
From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Does specific gift of firearms include ammo?
Message-ID:
	<MW3PR18MB3579E3B0608E748F40309AD8D5199 at MW3PR18MB3579.namprd18.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Hi Tim,

Interesting - I have not researched the issue either but the common definition of firearm would exclude ammunition (see Marriam-Webster - trusted authority on definitions) and Blacks on-line defines it as "a weapon that acts from a gunpower explosion".

Good luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Thursday, July 8, 2021 9:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does specific gift of firearms include ammo?

All,

I have an interesting question that I have not yet researched -

Decedent's Will has specific gift of "all firearms" to Beneficiary A. Residuary is split equally between beneficiary A and B. Decedent is ex-military and the estate inventory of firearms is very extensive. There is also a significant amount of ammunition. A & B are not on good terms and, of course, disagree on where the ammunition goes. And today, ammunition is worth a good amount of money.

Question - is there any case law that discusses whether a specific gift of "firearms" would include the corresponding  "ammunition"? Or any similar case law that discusses specific gifts and items that may or may not go with such items?

Thanks,

Timothy C. Lehr
Attorney at Law

[cid:image001.jpg at 01D773F1.983D3660]

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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Message: 2
Date: Thu, 8 Jul 2021 19:07:20 +0000
From: Claudia A Gowan <claudia at cagowanlaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notice creditors and ancillary probate
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	<BY3PR13MB4849971E7206931051686C49CA199 at BY3PR13MB4849.namprd13.prod.outlook.com>

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Colleagues:

Some states in which an ancillary probate is necessary require that notice to creditors be sent to all creditors, including all creditors who received actual notice under the domiciliary proceeding. For example, decedent has a second home in another state. No other ties to the state and no real creditors there, other than anyone that might provide services related to the residence - as in the case where the home is rented out and decedent didn't spend time there.

The foreign state also has an actual notice component. In practice, this means that all creditors of the domiciliary state would get two bites at the apple under the rules regarding actual notice.

Any thoughts on pros or cons of coordinating the 30 day mailing of actual notice for purposes of both states? Even if it means opening up another 30 day window in the domiciliary estate?

It seems to me to make more sense to only have one window opened through the mailing of actual notice. In contrast, if the domiciliary estate sticks to its 4 month timeline, then creditors get yet another chance through actual notice in the foreign state. The estate would be in the difficult position of holding their breath to see if creditors file a claim in the foreign jurisdiction when such a claim would be barred in the domiciliary proceeding. That seems to be against the intent and purpose of the law. Either creditors file & serve within the requisite period or they don't. So, when giving the 30 day actual notice, why not coordinate the mailing for purposes of both jurisdictions.

Thanks for your thoughts.

Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
1001 Fourth Avenue, Suite 3200
Seattle, WA 98154
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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Message: 3
Date: Thu, 8 Jul 2021 21:07:23 +0000
From: "Philip N. Jones" <pjones at duffykekel.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] intestate succession where surviving spouse dies
	and only heir disclaims
Message-ID:
	<MWHPR02MB24158156167A4E70EE9941F8BC199 at MWHPR02MB2415.namprd02.prod.outlook.com>

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I second that.  A friend of mine, in private practice, had a contract with the State of Oregon that made him an assistant attorney general with the assigned task of handling all of the potential escheat cases in the state.  He handled hundreds.  Very few ever escheated.  Sooner or later, some shirt-tail relative turned up, oftentimes as a result of the efforts of my friend.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 ? office
(503) 853-1482 ? cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, July 8, 2021 11:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

Almost everyone has cousins, many of whom they have never met; escheat is very rare.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Douglas Owens
Sent: Thursday, July 8, 2021 8:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

Dear Claudia, thank you for this question.  I think he did but you sparked my interest in RCW 11.04.095 which I think lends an argument that the stepchildren of the second parent to die inherit from him in order to avoid escheat.  The statute speaks of the first spouse to die having a will conveying all of the estate to the surviving spouse but it seems to me the principle is the same.  Yours truly, Doug Owens

On Jul 7, 2021, at 8:15 PM, Claudia A Gowan <claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>> wrote:

Doug, just a question off the top of my head - did the husband meet the survivorship provision of Title 11? I'm sorry I can't remember the cite.

Best, Claudia

-------- Original message --------
From: Douglas Owens <dougowens at seattlerelawyer.com<mailto:dougowens at seattlerelawyer.com>>
Date: 7/7/21 6:59 PM (GMT-08:00)
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

Dear list mates, does anyone have an idea how the intestate succession works in this scenario: wife dies intestate, survived by her children, and her husband, stepfather of the children. The estate is all separate property of the wife.  The surviving spouse has his own child, during administration of the estate the surviving spouse also dies and his child disclaims the inheritance from his father.  If there are no other heirs of the husband, does the husband?s one half share revert to the children of the deceased wife?  Or does it escheat?  Thanks for your thoughts.  Yours truly, Doug Owens

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Message: 4
Date: Fri, 9 Jul 2021 10:39:20 -0700
From: Brent Williams-Ruth <brent at williams-ruthlaw.com>
To: "WSBA Probate & Trust Listserv" <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Logistics Question - Cleaning up Property Ownership
	Records
Message-ID:
	<CAMMb1JNZ8a07by83_HTop-5apapf5yegRBaGZGzYyhE3Cw2b4A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Greetings List -

I have a client who is a 3-way owner of real property that has a JT w/ ROS agreement filed/recorded in 2006.  One of the owners died in 2014. Nothing was done.  What is the process for officially updating the records to show that one of these parties has died and that the two remaining are 50/50 owners?

I ask because one of the 50/50 is about to pass after a battle with cancer
- and they are wanting to make sure that the final owner will stand as the 100% owner without big issue.

Can I simply record a redacted (no SSN) death certificate through Simpli-file? Do I need a REETA?

There is no need at this point (no sale or refinance) other than to ensure that we have a clean and clear title ownership.

Have never been on this transaction before. Appreciate the assist.

*Brent Williams-Ruth* (preferred pronoun: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website <http://www.williams-ruthlaw.com/> / facebook <http://www.facebook.com/bwrlaw> /
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End of WSBAPT Digest, Vol 82, Issue 20
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