[WSBAPT] Probate Requirement?

Andrekita Silva ak at seattle-silvalaw.com
Wed Jul 14 18:31:17 PDT 2021 

  Law Office of
F.ANDREKITA SILVA …
_________________________________________________________________   
 
July 14, 2021

Paul,
 
I would encourage the PR to try to set aside personal feelings had  
about this heir.  I assume that heir isn’t asking the estate to extend  
a loan, but rather that heir would go out and get a bank loan just  
like any other purchaser might do.

As a practical matter, a lot of people can’t afford to buy homes in  
this market. If the home were appraised, as Dalynne suggested, heir  
could pay a little less than the appraised value, but the estate would  
still avoid paying realtor’s costs- so a great net profit to the  
estate. Both estate and heir win.
This is a common compromise in family matters when one spouse wants to  
buy out another’s interest in community property upon divorce.

Will other beneficiaries learn that they could have received greater  
net proceeds from this sale if PR could have brought hims/herself to  
put aside personal differences?  The PR does have an obligation to act  
in the best interest of the estate.

More importantly, this creates goodwill. If the PR turns down heir and  
sells on the open market, the great likelihood is that there will  
precipitate a family feud that will run generations.  

I believe that a part of our job is to encourage our clients to  
exercise the powers given to them in a just manner.  Have them  
consider the pros and the cons of not selling to the heir. One pro is  
that PR avoid dealing with heir who is a pain.  What are the other  
benefits of selling on the open market to a neutral buyer? Is there  
more than PR hasn't shared with you?   What are the hazards?

If you have this conversation with the PR, and the PR is okay about  
the possible negative consequences, then you’ve done your job.  But,  
if you don’t have this conversation, it’s a lost opportunity.  

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Dalynne Singleton <dalynne at glgmail.com>:

> Why not list the home for sale and let the heir, if they are  
> serious, make an offer on the home?
>
>     
>
>    The only issue I can see if I were this other heir’s attorney  
> would be that they shouldn’t have to pay realtor fees.
>
>     
>
>    So, in order to quash that, tell the heir to send over the P&S to  
> the PR directly and it will be considered along with any other  
> offers made on the property.
>
>     
>
>    That way, the realtor is not paid a fee on the sale to the heir  
> and when hiring the realtor, that should be clear in the contract.
>
>     
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>
>     /DALYNNE SINGLETON/
>
>      
>
>     GOURLEY LAW GROUP
>
>      
>
>     SNOHOMISH ESCROW
>
>      
>
>     THE EXCHANGE CONNECTION
>
>      
>
>     1002 10th Street / PO Box 1091
>
>      
>
>     Snohomish, WA 98291
>
>      
>
>     360.568.5065
>
>      
>
>     360.568.8092  fax
>
>      
>
>     _dalynne at glgmail.com_
>
>      
>
>     _Website:  www.glglawgroup.com[1]_
>
>      
>
>     As we face the challenges presented by COVID-19, we have limited  
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>       [2]        
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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?
>
>       
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>     
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>
>    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. 
>
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>     



Links:
------
[1] http://www.glglawgroup.com/
[2]  
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=

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