[WSBAPT] Probate Requirement?

[Roger Hawkes]

Litigation avoidance is a worthy goal.  Best for the PR if it is listed and the other heir doesn't bid; second best is other heir bids highest bid and demonstrably can complete the purchase.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, July 14, 2021 4:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate Requirement?


Listmates, my client is the PR/heir with nonintervention powers.  Another heir is attempting to force a purchase of real property from the estate.  It'll create a problem with logistics because the beneficiary would need a loan and PR doesn't want to deal (literally) with the other heir.  So, the question is:  Does the PR have the power and authority to list the real property with a realtor and ignore the heir?  It is likely that the real property would need to be sold to pay for the costs of administration of the estate (it's a sole asset estate).  I'm thinking that because the PR has sole authority to deal with the intestate assets, the PR has the right and power to sell the property to a third party without liability to the other heir.



[Paul A_ Neumiller2]




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