[WSBAPT] WSBAPT Digest, Vol 89, Issue 43

Thu Feb 24 12:54:47 PST 2022

Yes, it is more of an ethical question. Thank you, Diane and Jennifer for
your excellent input.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)

Legal stuff I have to put in... *To ensure compliance with Treasury
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).*

On Thu, Feb 24, 2022 at 12:51 PM <wsbapt-request at lists.wsbarppt.com> wrote:

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> Today's Topics:
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>    1. Re: Missing heir question - selling house during probate
>       (Jennifer L White)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Thu, 24 Feb 2022 20:50:02 +0000
> From: Jennifer L White <jen at appletreelaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Missing heir question - selling house during
>         probate
> Message-ID:
>         <
> SA1PR14MB4595A3210785C8AB19500BA4C03D9 at SA1PR14MB4595.namprd14.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> 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)
>
>
> Legal stuff I have to put in... To ensure compliance with Treasury
> Department and IRS regulations, we inform you that, unless expressly
> indicated otherwise, any federal tax advice contained in this communication
> (including any attachments) is not intended or written by CMS Law Firm LLC
> to be used, and cannot be used by the taxpayer, for the purpose of: (i)
> avoiding penalties that may be imposed on the taxpayer under the Internal
> Revenue Code; or (ii) promoting, marketing, or recommending to another
> party any transaction or matter addressed herein (or any attachments).
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> End of WSBAPT Digest, Vol 89, Issue 43
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