[WSBAPT] Was Decedent a Resident of WA for Purpose of Probate?

Wed Jun 8 11:58:23 PDT 2022

Hi Wendy,

I'm a CA attorney as well as WA.  If he didn't have any intent to move back to CA, then I'd call him a WA resident to avoid CA probate.  Unless there is evidence to the contrary, that's perfectly valid.

However, if he did receive benefits from CA (Medicaid), I would mail them a copy of the notice to creditors.  Otherwise, don't bother.

Best,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

[cid:image001.png at 01D87B48.3254F540]
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

Please leave us a review on Google by clicking here<https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8>.
Please leave us a review on Yelp by clicking here.<https://www.yelp.com/biz/wong-fleming-redmond>

[cid:image003.png at 01D87B48.3254F540]
[cid:image004.jpg at 01D87B48.3254F540]
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

[cid:image001.png at 01D87B48.3254F540]
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

Please leave us a review on Google by clicking here<https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8>.
Please leave us a review on Yelp by clicking here.<https://www.yelp.com/biz/wong-fleming-redmond>

[cid:image003.png at 01D87B48.3254F540]
[cid:image004.jpg at 01D87B48.3254F540]
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Wendy Malkin
Sent: Wednesday, June 8, 2022 12:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Was Decedent a Resident of WA for Purpose of Probate?

Hi Listmates,

I opened a probate in King County for a decedent who moved from California 30 days before his death. His sons moved him to Seattle so that he could be in hospice near their homes. He lived his last 30 days in assisted living in Seattle where he received hospice care. For court jurisdiction over the probate, the order says he died in WA.

I published notice to unknown creditors in Washington.  However, I am wondering if I should do notice to unknown creditors in California (publish in a paper and notify California's Medicaid agency and dept. of revenue, if required in California).  Or, can I call him a resident of WA and not do notice in California?   Another possibility is to ask the probate court to say he is a resident in a subsequent order.

He had no real property in California.  He did not have a living trust.  This is a fairly small estate.  The only probate asset identified so far is a cash account. This is an intestate probate, and the only heirs are his two sons who are friendly with each other.

RCW 11.40.020 says for a resident of WA, publish notice in the county where the person lived if the probate is opened in another county. I don't feel like that helps much in my case.

Thanks for your help,

Wendy

Salmon Bay Law Group, PLLC

1734 NW Market Street

Seattle, WA 98107

206-735-3177

www.salmonbaylaw.com<http://www.salmonbaylaw.com>

NOTICE: This communication contains privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220608/76af9456/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 18978 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220608/76af9456/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 151 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220608/76af9456/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 5985 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220608/76af9456/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 5042 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220608/76af9456/image004.jpg>