[WSBAPT] Consolidation of two probate cases?

Wed May 26 11:40:50 PDT 2021

Heather,
Thanks. This is why I posted the question. I appreciate it.

In this case the decedent was single and she owned 1/3rd of the only estate asset which is a residence which will be sold. The other co-owners of the residence were her 2 sons who at the time of her death each owned 1/3rd of the house.  The one son then died leaving one son. No will for either decedent.  the 1/3rd owner son will inherit intestate 1/6th of the residence.  The grandson will inherit his dad’s 1/3rd intestate and 1/2 of his grandmother’s 1/3rd.  Fortunately the son and his nephew work well together and each has agreed to be appointed as co-pr’s to each estate.  The nephew is a CPA and will be doing the IRS reporting of the sale and giving advice on which of the co-pr’s  EIN # will be used .
I would have preferred doing an affidavit to clear title – non-probate but I don’t think a title co. will agree to  clearinging title to  the estate that way.
My thought is that as far as the EIN # problem is concerned it wouldn’t be any different than any estate with two pr’s.  One of the other has to use their social.  When all is done each beneficiary ends up with 1/2.. If necessary we could do a TEDRA that spelled that out?
I have never done it before, but that is why I am asking this group for comments.  Just trying to save client money. May not be a good idea?

I would welcome comments.  Anyone ever do this?

Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Heather de Vrieze 
Sent: Tuesday, May 25, 2021 4:21 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Consolidation of two probate cases?

I see plenty of problems with joint probates, even when it is spouses, I don’t see how it works to do it for a mother/son. For example, whose name/ss#/Personal Representative will you use to apply for the EIN to report the sale of the property? How will your order direct the issuing of letters, two decedents two PRs? That sounds like two probates to me. Perhaps I’m simply not being creative enough.

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

heatherd at westseattlelaw.com 

www.westseattlelaw.com 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Tuesday, May 25, 2021 2:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Consolidation of two probate cases?

I am filing a joint one for a mom and her son who died soon after the mom did.  Any reason we can’t do that? There will be two PR’s.  THe only asset is a residence that will be sold.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Dalynne Singleton 

Sent: Wednesday, May 19, 2021 10:24 AM

To: WSBA Probate & Trust Listserv 

Subject: Re: [WSBAPT] Consolidation of two probate cases?

I file together all the time but file one petition with both names – did you file two petitions?

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Wednesday, May 19, 2021 10:18 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Consolidation of two probate cases?

Hello again,

Is it possible to file one petition for a married couple who passed away within a few years of each other? We petitioned to have the court open the probate under one file number, but they have filed them separately under two. Is this their way of saying we cannot "consolidate" the cases? 

Sincerely, 

Suzanne Lieberman

CMS Law Firm LLC

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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