[WSBAPT] Need to Refer Probate/Foreclosure Matter

John Sullivan jsullivan at DLJSLAW.COM
Thu Aug 18 18:16:08 PDT 2022


Listmates:

My plate is pretty full, and I'm not entirely comfortable these days dealing with probates where foreclosure is pending.

This was a referral from an attorney I know in Sandpoint, ID, of established clients of his who live in Idaho. They had relatives (siblings to each other I understand) who both died in 2018. The decedents held title to real property in Bonney Lake in Pierce County with a mobile home on it (not sure whether it has been removed from the DOL rolls). Both had wills, neither of which have been probated. They are both on title according to the 2006 statutory warranty deed, which is not JTWROS. The first decedent was the borrower on the mortgage, according to the deed of trust. The second decedent signed the deed of trust, but not as borrower.

I have not seen the will of the first decedent but am told she left the property to the second decedent. The second decedent's will leaves the property to the first if she survived him, or to his two daughters. I am told the daughters will gift the property to the potential clients and that the daughter named as PR will decline to serve and recommend the PC serve instead.

The Notice of Trustee's sale sets the auction in Tacoma on October 7th. The property is assessed this year at just over $231K. the outstanding balance of the secured debt being foreclosed is just over $96K according to the Notice of Trustee's Sale. The PC appear to want to sell the property or buy it to preserve any equity. They believe another relative who was around the decedents the last few years may be hoping to pick it up cheap at the auction.

Anyone interested in taking this on, or know someone in Pierce or King County who does this kind of work? I don't have time to devote to it at the moment.
Best regards,
John J. Sullivan
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425*451*2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>

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