[WSBAPT] Does Washington have jurisdiction?

Thu Sep 8 13:31:37 PDT 2022

Hi Jeff,

I am not sure if this is helpful, but I have a case where decedent had minimal assets in Washington, but owned a house in Florida. Florida counsel advised the PR to open probate in Washington because the Florida probate process is ridiculously complicated, and could be simplified greatly if there was a Washington probate and an ancillary proceeding could be done in Florida.

I can put you in touch with the Florida counsel if you need someone on that end to discuss it with.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>

> On Sep 7, 2022, at 10:34 AM, jeff at bellanddavispllc.com wrote:
> 
> Eric,
>  
> There is no Florida real estate and the estate is well over $100,000, mostly liquid assets.  I asked the Successor Trustee to go back to the banks and ask if they will honor the assignments.  The banks already provided account balances, which they usually don’t do without receiving a copy of the letters testamentary.  It seems they are honoring the assignments.  Only time will tell.  Thanks for your response.
>  
> Jeff
>  
> W. Jeff Davis
> BELL & DAVIS PLLC
> Attorneys at Law
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  or call 360.683.1129.
>  
>  
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
> Sent: Wednesday, September 7, 2022 10:13 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Does Washington have jurisdiction?
>  
> Weird--what does it take to “officially” change one’s address to Florida? It seems strange to me that Florida won’t take jurisdiction—I take it there is no FL real property held in decedent’s name?
>  
> I think that the Kitsap Bank account is enough of a Washington asset to allow a probate here, even if decedent is domiciled in Florida and died in Florida. See RCW 11.96A.040(1)(c) <https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.040>. Since “ancillary” in Washington is no different from a full probate, the PR should also be able to access all the nationwide bank accounts as well.
>  
> But is a probate needed? I guess it depends on whether the banks will honor the “assignment” of their accounts to the Trust. If they do, then the successor Trustee should be able to access them without starting a probate. But if the banks refuse because their records don’t show the accounts held in name of the Trust, then a probate probably will be needed.
>  
> Just a note, even if total assets are less than $100K I don’t think the small estate affidavit process will work, because decedent wasn’t a Washington resident. RCW 11.62.010(2)(b) <https://app.leg.wa.gov/RCW/default.aspx?cite=11.62.010>.
>  
> Sincerely,
>  
> Eric
>  
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
>  
> Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.
>  
> 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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
> Sent: Wednesday, September 7, 2022 9:45 AM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: [WSBAPT] Does Washington have jurisdiction?
>  
> Listmates:
>  
> Decedent moved from Washington to Florida in May, 2022.  In Florida, Decedent executed a new pour-over Will and Living Trust under Florida law.  Decedent dies in July.  No real or personal property in Washington.  There is one account with Kitsap Bank; all other monies are with a nationwide bank.  The accounts are still in decedent’s name, although he “assigned” them to his trust.  Successor Trustee lives in Ohio.  Apparently no Florida attorney will take the probate as Decedent had not officially changed his address to Florida.  Does Washington have jurisdiction to probate Decedent’s estate?  Does there need to be a Washington (ancillary) probate for the one account?
>  
> Jeff Davis
>  
> W. Jeff Davis
> BELL & DAVIS PLLC
> Attorneys at Law
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  or call 360.683.1129.
>  
>  
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