[WSBAPT] Probate Scenario

[Inge Fordham]

Colleagues,

I have an interesting situation that I have not run into before.  John Doe died intestate in Washington State leaving real property in Tacoma.  He was single, childless, and survived only by his mother and sister, both of whom reside in Texas.  Mother is the sole heir under the laws of intestate succession.  Sister, who has POA for Mother, listed the property for sale with a local realtor and the property is now under contract.  A couple of days ago, Sister contacted Realtor and advised that she is under investigation in Texas for financial exploitation of Mother.  We need to commence probate for John Doe.  I think (and would like confirmation) that what I need to do is identify someone who is willing to serve as the administrator of the estate and have a probate guardian ad litem appointed for Mother.  How do we handle the proceeds from the sale of the property?  Can the proceeds be issued to Mother under the circumstances?  Legal costs and fees, and any fees owed to the probate guardian ad litem, would be paid from the proceeds of the sale.  Any insight would be appreciated.

Thank you!


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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