[WSBAPT] Curious sale of house without probate

[Karl Flaccus]

It has only been weeks from date of death.  I think you have a good idea, one that we are suggesting to our client, and/or possibly asking to appoint the successor PR who is in-state.

Thanks.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited – please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Wednesday, September 29, 2021 12:34 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Curious sale of house without probate

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
www.jbdolan.com<http://www.jbdolan.com>
www.jonesbutlerdolan.com<http://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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited – please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.

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