[WSBAPT] Out of country personal property

Mon Feb 7 12:19:25 PST 2022

I think a relevant question to ask is who died first, Decedent or Decedent's former husband?  If Decedent died first and the former husband's will directed alternate distribution to D's estate heirs (or D's descendants if they are the same as D's estate beneficiaries), this makes sense.

If the former husband predeceased your Decedent then I don't think this is quite right.

Best,
Sara

Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

[cid:image001.jpg at 01CF48D6.0249B5A0]

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of cyfield at rockisland.com
Sent: Monday, February 7, 2022 10:57 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Out of country personal property

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
****************************************************************
The information contained in this email message, including attachments, may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think you have received this email in error, please email the sender at cyfield at rockisland.com<mailto:cyfield at rockisland.com> and destroy or delete the original and any copies.

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 Joshua McKarcher
Sent: Thursday, February 3, 2022 7:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s).  Unauthorized disclosure, copying, distribution or use of this email is prohibited.  If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.

IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction.  You should seek advice based on your particular circumstances from an independent tax advisor.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220207/03dcc01a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3152 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220207/03dcc01a/image001.jpg>