[WSBAPT] Self dealing

[Nick Pleasants]

If this is an intervention probate, there is the painful process of Ch. 11.56 RCW to follow for sales. RCW 11.56.090 would require an appraisal, and the sale price needs to be at least 90% of the appraised value. Then you have to publish notice under RCW 11.56.100 and set a hearing to confirm the sale. I don’t think this is waivable using a binding agreement under RCW 11.96A.220 because the statutory process is meant to protect creditors as well as beneficiaries. Good luck!
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Monday, July 11, 2022 10:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Self dealing

LOL darn autocorrect.  I need to figure out how to add “TEDRA”.

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 Philip N. Jones
Sent: Monday, July 11, 2022 10:54 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Self dealing

I think there is something fishy if you are doing a TETRA.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

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 Diane J. Kiepe
Sent: Monday, July 11, 2022 10:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Self dealing

Rob,

In my opinion this is likely no problem here and I personally would not be worried with the proper documentation in the file– see 11.98.078(2)(b), and draft up a TETRA or 11.998.78(2)(d) and draft a consent.

Good luck.

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 Rob Tulloch
Sent: Monday, July 11, 2022 10:20 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Self dealing

Recognizing the prohibition of self-dealing in RCW 11.100.090, are there any suggestions as to overcoming that when the beneficiary is prepared to waive that prohibition.

This is an intestate estate subject to full court intervention.  The administrator (not the beneficiary) is prepared to offer 20% over the highest offer that has come in via Craigslist.  There have been seven offers over 13 days.  Prior to listing on Craigslist, the administrator obtained an evaluation from a marine surveyor (this involves a sailboat).  The beneficiary is willing to waive the prohibition and support the administrator’s petition to the Court requesting approval of the sale to the administrator.

Thanks for your input.

Rob Tulloch
360-775-3885
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