[WSBAPT] Missing heir question - selling house during probate

[Jennifer L White]

I agree with Diane’s assessment. Here are a few more points to ponder:
The Administrator would have authority to sell (either nonintervention (easiest) or with full intervention (jumping through the extra hoops that avenue requires)). Your question seems more about SHOULD the Administrator take that step, which I am guessing relates to sentiment regarding the property and how the lost heir will feel about his parent’s house being sold without him being in on the decision. If the lost heir is currently a non-functioning member of society (jail and not in contact with anyone in the family), how realistic is it that he would be able to sustain the property if he did receive it? What other debts are there in the estate that will need to be paid to properly administer it and do you have enough other assets to pay them? How much are the carry costs to keep the property going? I would not rent the property as an Administrator stalling while you search out the lost heir. As we see on this listserv on an almost daily basis, renting in the state of WA is risky and a huge problem if you get a bad tenant.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D8297B.F9AFE4C0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, February 24, 2022 11:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Missing heir question - selling house during probate

Hi Suzanne,

A few thoughts:


  1.  I wouldn’t involve the other sister – we tell our PR’s they are the sole authorized person over the estate – taking votes is discouraged.  Own the role if you step into it.
  2.  Not sure why she would necessarily want to keep an estate open and rent the property and be in charge of 1041 tax returns until closed.  I for sure would discourage this in light of Washington’s current stance on tenant rights – so hard to remove parties in possession (query, might one argue renting in this climate makes no sense and a breach of duty? Probably not but…..)
  3.  I would feel comfortable listing during probate period and for sure after creditor period.  The PR may want to get the courts blessing if concerned with son heir and I would support that route.  Ultimately the kid would likely just want cash anyway and, at least here, the  market is still pretty hot.

No real answer but hopefully some food for thought.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Suzanne Lieberman
Sent: Thursday, February 24, 2022 11:14 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Missing heir question - selling house during probate

Hello,

We have a client, Administrator, whose nephew, decedent's son, is the only heir of the estate (intestate). But he is missing/in and out of jail.

We have an heir search company looking for him, but the question is, at what point can our client put the estate's only real asset - decedent's house - on the market - if son continues to go missing? Or does she have the option of either selling or renting as soon as she's appointed, with her other sister's consent (the only other close relative)?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<https://urldefense.proofpoint.com/v2/url?u=http-3A__cmslawfirm.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=N6vuOrRCSohYoEo3ySxMxNUT2SRT2LC1JwZOfISEDiY&s=2T1HTQRSF8mN_bkb-W9asl-qKVVW4lH01eOY0KfW1dI&e=>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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