[WSBAPT] Probate Scenario

Tue Jun 15 12:14:34 PDT 2021

Here is what I would do.

The probate needs to be opened and a PR appointed in order to sell the property.  The sale can then close with the Estate receiving the monies from the sale into trust account.
As for a guardian for the mother, if she is incapacitated, then yes, let the court know and request a probate guardian ad litem for her, not the sister.
Use an independent professional (attorney) as Administrator.  I serve as one as do several others on this listserve – Bruce Moen comes to mind.
The probate filing fees and costs of Administration including the GAL fees need to be addressed.
I would think the decedent had bank accounts in WA as well so need to locate those, transfer his mail to the new Administrator.

The proceeds from the sale can be made payable to the Administrator’s Trust Account (IOLTA) or an Estate bank account.
Then the GAL will make recommendation for a guardian for the mother or less restrictive measures such as a power of attorney to someone other than the sister to handle the mother’s monies.
This will include taking into account whether the mother receives government benefits, the need for a special needs trust for mom, or something else.
I recommended Attorney Katrina Durkin or someone at her firm – she serves as GAL for me in several of my probates and does a great job.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, June 15, 2021 11:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate Scenario

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
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