[WSBAPT] Probate advance assignment of heir's interest

Tue Oct 5 16:45:11 PDT 2021

I'm with Marcus. I have had maybe three estates where an heir has assigned their interest. In each case, I just contacted the heir directly to confirm that they had in fact executed the assignment documents and had received the loan, and wanted me to pay the loan back from their distribution. The suspicion always in the back of my head was that the documents were completely fraudulent. But in each case, they were legitimate and so the Estate paid the loan at final distribution. I did still have the heir sign a receipt acknowledging that a portion (or all) of their share was being paid via the assignment.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus J. Fry
Sent: Tuesday, October 5, 2021 4:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate advance assignment of heir's interest

Shannon:
I don't want you sounding like a bank's in house counsel, but I think you have the right to ensure that the assignment was validly signed by the beneficiary.  For example, was the assignor's signature notarized?  If not, I think your client can require some additional proof that the claim was in fact assigned by the beneficiary.

Marcus J. Fry
Attorney | Witherspoon * Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://www.witherspoonkelley.com/marcus-j-fry> | vCard<https://www.witherspoonkelley.com/s/mfj.vcf>

[cid:image002.png at 01D7BA08.25267120]

222 N. 3rd Street
Yakima, WA 98901
(509) 248-7220 (office)
(509) 575-1883 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.
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 Shannon Jones
Sent: Tuesday, October 5, 2021 1:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate advance assignment of heir's interest

I believe the case that concerned me was unpublished Smith v. Driver, 2007 Wash. App. LEXIS 1549 where PRs were sued because they distributed inheritance to the heir and not her assignees. PR successfully defended the assignee's claim. I feared heir in my case might claim her assignment of inheritance was invalid. I didn't want my client PR to pay assignees when if agreement might be invalid and unenforceable. This involved partial assignment of interest.

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 David Moe
Sent: Tuesday, October 5, 2021 12:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate advance assignment of heir's interest

Please share to list.
Thanks,
Dave Moe

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 Bruce Moen
Sent: Tuesday, October 5, 2021 11:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate advance assignment of heir's interest

Can you share the WA case law questioning the validity?

Thanks,

  Bruce Moen

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 Shannon Jones
Sent: Tuesday, October 5, 2021 9:17 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate advance assignment of heir's interest

I had a similar issue arise in a probate with a firm in Florida. I researched and there was some WA case law questioning validity of such assignments, so I decided to file a final report and have a court hearing to get approval of payment of heir's share to the company she advanced her share to instead of going the route of a Decl of Completion. Court did approve and a portion of the heir's share went to this company who had advanced money - Shannon

[cid:image004.png at 01D7BA08.25267120]

Shannon R. Jones | Attorney
Campbell Barnett PLLC
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://link.edgepilot.com/s/8cc74b91/KYCE1fB3gUqY9YH2nzcNPA?u=https://campbellbarnettlaw.com/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please delete and notify the sender immediately.

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 Timothy Lehr
Sent: Tuesday, October 5, 2021 9:01 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate advance assignment of heir's interest

All,

In a probate I have, I received a letter from a Probate Advance company out of Delaware that has apparently entered into an agreement with a beneficiary of the estate to advance them funds in return for an assignment of the beneficiary's interest in the estate. I couldn't get a hold of the beneficiary to discuss, and we weren't ready for distributions, so I basically sat on it. Now, distributions will be occurring soon and the company has filed an Assignment, Sale and Transfer of Beneficial Interest in the case, that looks to be signed by the beneficiary.

Has anyone delt with these companies before? It's my first time seeing this, so I was a little skeptical, but now I need to decide how to proceed.

Thanks,

Timothy C. Lehr
Attorney at Law

[cid:image005.jpg at 01D7BA08.25267120]

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  https://link.edgepilot.com/s/f6772f2b/OhzyUZyo9kqxjF47om6Rpg?u=http://www.stileslaw.com/

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

Links contained in this email have been replaced by Link Protection. If you click on a link, it will be analyzed for known threats before allowing you to proceed.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211005/c09e1eef/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 7508 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211005/c09e1eef/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 6479 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211005/c09e1eef/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 5083 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211005/c09e1eef/image005.jpg>