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

Wed Jun 8 14:04:11 PDT 2022

Intent is a factor in domicile, but I don't think it is in residency. I think that is the distinguishing factor. One can have residences in multiple states, but only one domicile, which is where one has established a residence and where intends to ultimately return, no matter how long one spends at other places and other non-domicile residences.

So I agree that probably still CA domicile; but arguably could be a WA resident. However-as I read the interaction of RCW 11.40.020 sections (1)(b) and (2), if decedent is not domiciled in Washington, it's sufficient to publish in the WA county of administration. The only time a different county is required is if it's a WA resident but the administration is not in the county of residence.

Re any potential CA debts, I think it would be a good idea to research potential liability to CA Medicaid or CA tax. The liabilities aren't dependent on giving notice, so I'd go that way around: check on potential for liability, and if no liability likely, probably no need to worry about notices down there.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Wednesday, June 8, 2022 1:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Was Decedent a Resident of WA for Purpose of Probate?

There is case law to suggest that he did not change his residency if he lacked the mental ability to form an intent to move.  I do not have any cites to offer, but that is my recollection.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
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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 Candace Wilkerson
Sent: Wednesday, June 8, 2022 11:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Was Decedent a Resident of WA for Purpose of Probate?

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.

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*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.

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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 Wendy Malkin
Sent: Wednesday, June 8, 2022 12:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

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