[WSBAPT] Out of country personal property

Mon Feb 7 10:56:50 PST 2022

Folks- I represent the PR of an estate that has a big unliquidated
environmental claim against it, that may or may not make the estate
insolvent. While we were working on resolving that claim, the PR just got
notice out of the blue  that the decedent was entitled to a modest
additional inheritance from a deceased former husband whose estate is being
probated in Jersey (the Island!). The law firm there asked my client for a
copy of the Will and "Order of Probate" filed here and my client provided a
copy of the filed Will and Letters Testamentary. In response, and much to my
surprise, the law firm there said they were making distributions directly to
all those named in the Will. They are requesting ID verification from all
beneficiaries but as far as I can see, no representations that all estate
debts have been paid. 

My question is whether the PR has any duty to try to marshall those Jersey
assets to pay estate debts?  Given my client is not making any
representations about debts paid and is not directing distributions, I would
think not and that it is the creditors issue, but curious what others might
think? Thanks in advance, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Joshua McKarcher
Sent: Thursday, February 3, 2022 7:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Out of state real property (again)

Based on my experience with Florida I would do an RLT to avoid probate
there. If I'm doing one for other valid reasons, then I would get the entire
estate as "probate proof" as possible and therefore file the $15 deed to
transfer the Idaho property to trust as well, for simplicity and uniformity.

If these are separate clients, however, the Idaho real property - standing
alone - is not reason to implement an RLT. Idaho has a wonderful statute
that allows a PR from another state to file - for all of $27 - a short
pleading attaching certified copies of the order of probate/administration
and letters testamentary/administration in the court in the county where the
real property is located. 

That PR may then sign and record a deed to transfer the property out of the
estate. Title companies insure the sale if it is one , and it's slick as a
whistle! 

We've helped a few such Washington PRs achieve that from our border practice
here in Clarkston, WA; or Chris Moore and Paul Burris across the river in
Lewiston, ID, could achieve that "with their eyes shut."

Hope that helps! 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: Thursday, February 3, 2022 4:43:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Out of state real property (again) 

Dear all:

I am preparing testamentary documents for two clients-both Washington
residents--who own out-of-state real property.  One in Idaho and one in
Florida.  What I think of as the conventional wisdom is that in this
situation you use a revocable inter vivos trust to avoid ancillary probates.
Is what I think of as the "conventional wisdom" really the conventional
wisdom?  I'm interested in how people would handle this situation.

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

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