[WSBAPT] Question--Portland area probate lawyer

[Ken Luce]

I would recommend Doug Bomarito, dmbomarito at dmbpc.com<mailto:dmbomarito at dmbpc.com>

Kenyon Luce

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Zeno
Sent: Thursday, November 4, 2021 9:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question--Portland area probate lawyer


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Thanks to Diane and Joshua for their quick responses.

Anyone have recommendations for a probate lawyer in the Portland area?

The Law Office of G. Michael Zeno, Jr., P.S.
T:  (425) 947-8050   F:  (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033

Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s).  Unauthorized disclosure, copying, distribution or use of this email is prohibited.  If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Joshua McKarcher
Sent: Wednesday, November 3, 2021 7:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question

Having hired a few Oregon lawyers at this point to administer Oregon real property interests not well planned for, I will relate that I "believe" you will need a full-blown Oregon intestacy proceeding in which Oregon law applies for the property located in Oregon, not Washington law.

That is the significance of owning real property in any jurisdiction with or without (but especially without) a will. (Consider that it is still Idaho law that applies that permits their marvelous $27 filing to establish authority for a non-Idaho PR to transfer Idaho real property.)

Similarly, if your intestate decedent had also owned Washington real property, you'd have two full-blown intestacy proceedings, one subject to Washington law and the other to Oregon law - and a very unfortunate "missed planning opportunity."

Find one of the excellent Oregon lawyers on this list to assist, and pray the heirs continue getting along; or else the finer points of intestacy law will be the least of your concerns! ;)

Good luck!

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Mike Zeno <mikez at zenolawfirm.com<mailto:mikez at zenolawfirm.com>>
Sent: Wednesday, November 3, 2021 4:43 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Question

Dear Listmates-

I am about to display my ignorance.  Would like advice on best way to handle this situation:

Mom dies in Washington.  Only significant asset a half interest in a house in Portland as tenant in common with one of her six children.  No will.  Each of the 6 children will therefore inherit 1/6 of her ½ interest in the house.  But, at the moment no conflict.  Kids might decide to sell the house, or one kid might buy others out, or whatever.

The question is:  what is the most streamlined way to deal with the house?  Do a probate in Oregon, with Washington intestacy law as the governing law?  Probate in Washington (which would be most convenient) and some truncated procedure to dispose of Oregon house?  (I've found this process to be really easy in Colorado and Idaho.)  Is there a way to do this without probate?

Thanks in advance for your thoughts,

Mike

The Law Office of G. Michael Zeno, Jr., P.S.
T:  (425) 947-8050   F:  (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033

Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s).  Unauthorized disclosure, copying, distribution or use of this email is prohibited.  If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction.  You should seek advice based on your particular circumstances from an independent tax advisor.

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