[WSBAPT] Lack of probate affidavit question

[Dalynne Singleton]

Suzanne, it is my opinion that the ancillary probate should have been opened while the Cali probate was open to deal with the WA home and property.  Now that Cali is closing, you should still open the WA probate and do the right thing by all the heirs and your client with a TEDRA agreement that your client receive the home, the other disclaim their interests in the home and the property transfers by PR deed.  You set up the SNT for your client for the Cali monies and the WA home as necessary.  This will be the cleanest and most efficient way to handle this so there are no problems in the future.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Thursday, June 17, 2021 9:25 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Lack of probate affidavit question

Hello,

(Giving this question one more shot). PC is an adult on SSI whose sibling, who was the PR for the probate in California, where most of the assets were held, closed probate in that state a few months ago. 3 siblings are only beneficiaries of decedent mom's estate in will, with everything split equally.

All creditor claims have been paid (decedent died in January 2019), and now client wants to see if she can do a lack of probate affidavit for the house in WA where she currently resides (not called out in will). No probate has been opened in Washington.The siblings want to give her their shares of the house. We would need to set up a SNT for the client for the CA proceeds and for the WA house.

The question is whether we can do a LOPA for the WA property or whether an ancillary probate (or full probate minus the creditor claim period) needs to be opened here (and CA probate reopened?), and whether PC can hire us to do this or whether it needs to be handled by the sibling PR in California.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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