[WSBAPT] Curious sale of house without probate

[jbdolan at jbdolan.com]

Karl:

 

How long has it been since death of the decedent?  What if your client, as a Beneficiary named in the LWT, simply petitioned the court to open probate and appoint the nominated PR, and asked to court to reimburse your client for legal fees and costs, due to the PR’s refusal to open the probate?

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

 <http://www.jbdolan.com> www.jbdolan.com

 <http://www.jonesbutlerdolan.com> www.jonesbutlerdolan.com

 

Mount Vernon

 

P.O. Box 2784

415 Pine Street 

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karl Flaccus
Sent: Wednesday, September 29, 2021 10:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Curious sale of house without probate

 

We represent a beneficiary of an estate that goes not as per the intestacy statute, that is, the will leaves everything to the kids and the grandkids.  The house is on the market and supposedly has a buyer, without probate being opened. The realtor says, “I’ve done this before” (i.e. sell a house “following the will” without a probate where “everyone signs off on it”).  The unappointed out of state PR says he has no intention of opening a probate and will follow his realtor’s advice.  Apparently the title insurance company will do this if everyone indemnifies them.  

 

There are obvious liability issues, creditor claim issues, etc. 

 

Is this a new thing that is happening? 

 

Thanks.  

 

Karl

 

FLACCUS LAW

7010 35th Ave. N.E.

Seattle, Washington  98115

206 523-0297

 

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