[WSBAPT] WSBAPT Digest, Vol 105, Issue 29

Thu Jun 29 14:21:25 PDT 2023

MSent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------From: wsbapt-request at lists.wsbarppt.com Date: 6/29/23  12:00 PM  (GMT-08:00) To: wsbapt at lists.wsbarppt.com Subject: WSBAPT Digest, Vol 105, Issue 29 Send WSBAPT mailing list submissions to	wsbapt at lists.wsbarppt.comTo subscribe or unsubscribe via the World Wide Web, visit	http://mailman.fsr.com/mailman/listinfo/wsbaptor, via email, send a message with subject or body 'help' to	wsbapt-request at lists.wsbarppt.comYou can reach the person managing the list at	wsbapt-owner at lists.wsbarppt.comWhen replying, please edit your Subject line so it is more specificthan "Re: Contents of WSBAPT digest..."Today's Topics:   1. Replace Deceased Attorney (Paul Neumiller)   2. Referral for Probate or Real Estate Attorney for Pinal      County, AZ - Maricopa (city, not County) Area (Matt Yates)   3. Re: Replace Deceased Attorney (Diane J. Kiepe)   4. Probate Property in Mexico Referral (Paul Neumiller)   5. Re: Probate Property in Mexico Referral (Joshua McKarcher)   6. Re: Referral for Probate or Real Estate Attorney for Pinal      County, AZ - Maricopa (city, not County) Area (Lewis, Amy C.)   7. Re: BECU and Creditor Claim (Mark McClure)   8. Can you put a property with a Reverse Mgt into Revocable      Trust ? (michael westseattleattorney.com)----------------------------------------------------------------------Message: 1Date: Wed, 28 Jun 2023 21:18:44 +0000From: Paul Neumiller <pneumiller at hotmail.com>To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: [WSBAPT] Replace Deceased AttorneyMessage-ID:	<MW3PR13MB3980260A02F07EDB3F36CF29D224A at MW3PR13MB3980.namprd13.prod.outlook.com>	Content-Type: text/plain; charset="us-ascii"Hey Everybody, original attorney for personal representative dies and I'm hired to take over.  Decedent passed about 4 years ago and notice to creditors was timely published 4 years ago.  Do I inform the court by using a standard notice of appearance or is that a special form or magic RCW to quote?  Do I give notice to anyone else?  PR says all creditors and bills were paid years ago.[cid:image001.jpg at 01D9A9CB.5549DEA0]-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/60cd4230/attachment-0001.html>-------------- next part --------------A non-text attachment was scrubbed...Name: image001.jpgType: image/jpegSize: 14264 bytesDesc: image001.jpgURL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/60cd4230/image001-0001.jpg>------------------------------Message: 2Date: Wed, 28 Jun 2023 21:44:07 +0000From: Matt Yates <matt at yatesmarshall.com>To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>Subject: [WSBAPT] Referral for Probate or Real Estate Attorney for	Pinal County, AZ - Maricopa (city, not County) AreaMessage-ID:	<BY5PR13MB4498A0EC5A5EC0911ED0FF55C724A at BY5PR13MB4498.namprd13.prod.outlook.com>	Content-Type: text/plain; charset="us-ascii"Client owns a home in Maricopa, Arizona (city, not county of AZ) and needs AZ equivalent of Transfer on Death Deed (AZ Beneficiary Deed?).Title appears vested in client and her deceased spouse so an AZ equivalent of a LOPA or something similar may be necessary.Client lives in Maricopa, AZ, and would prefer someone within a reasonable proximity.Matthew D. YatesAttorney at LawYates Marshall, PLLC10000 NE 7th Avenue, Suite 200Vancouver, WA 98685Phone: (360) 449-6100Fax: (360) 449-6111matt at yatesmarshall.com<mailto:matt at yatesmarshall.com>www.yatesmarshall.com<http://www.yatesmarshall.com>-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/9e601049/attachment-0001.html>------------------------------Message: 3Date: Wed, 28 Jun 2023 21:46:36 +0000From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: Re: [WSBAPT] Replace Deceased AttorneyMessage-ID:	<MW3PR18MB35796CD36D9E00B178643336D524A at MW3PR18MB3579.namprd18.prod.outlook.com>	Content-Type: text/plain; charset="us-ascii"Paul,Here in Spokane County a standard NOA would be fine.Diane J. KiepeDiane J. KiepeDouglas Eden717 W. Sprague Ave.Suite 1500Spokane, WA  99201djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>509-455-5300From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul NeumillerSent: Wednesday, June 28, 2023 2:19 PMTo: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: [WSBAPT] Replace Deceased AttorneyHey Everybody, original attorney for personal representative dies and I'm hired to take over.  Decedent passed about 4 years ago and notice to creditors was timely published 4 years ago.  Do I inform the court by using a standard notice of appearance or is that a special form or magic RCW to quote?  Do I give notice to anyone else?  PR says all creditors and bills were paid years ago.[cid:image001.jpg at 01D9A9CF.55AF0C40]-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/4e4256e7/attachment-0001.html>-------------- next part --------------A non-text attachment was scrubbed...Name: image001.jpgType: image/jpegSize: 14264 bytesDesc: image001.jpgURL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/4e4256e7/image001-0001.jpg>------------------------------Message: 4Date: Wed, 28 Jun 2023 21:31:11 +0000From: Paul Neumiller <pneumiller at hotmail.com>To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: [WSBAPT] Probate Property in Mexico ReferralMessage-ID:	<MW3PR13MB39808643DABB922CAAC36FFFD224A at MW3PR13MB3980.namprd13.prod.outlook.com>	Content-Type: text/plain; charset="us-ascii"Just joined an existing probate where the original attorney died.  Decedent was a US citizen but resided in Mexico for 13 years and owned property in his name.  PR was under the impression (from the previous atty) that he had the authority to sell the property in Mexico because the WA court appointed him as PR.  I suspect this is incorrect.  He is trying to sell the property but I anticipate a problem if people in Mexico do not accept his authority as a PR in the State of Washington to sell property in Mexico.  I need to refer this portion of the probate to advise whether, in fact, he can sell the property or if he needs to open a probate (or Mexican equivalent) in Mexico.[cid:image001.jpg at 01D9A9CC.7CA37550]-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/b716fb95/attachment-0001.html>-------------- next part --------------A non-text attachment was scrubbed...Name: image001.jpgType: image/jpegSize: 14264 bytesDesc: image001.jpgURL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/b716fb95/image001-0001.jpg>------------------------------Message: 5Date: Thu, 29 Jun 2023 00:23:48 +0000From: Joshua McKarcher <josh at mckarcherlaw.com>To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: Re: [WSBAPT] Probate Property in Mexico ReferralMessage-ID:	<CY8PR11MB724261ECFFF8A1D71FBD6D5BBB25A at CY8PR11MB7242.namprd11.prod.outlook.com>	Content-Type: text/plain; charset="us-ascii"Hi Paul,You will need to find local (bilingual) Mexican counsel who can assist you with this, most likely. Depending on where in Mexico the property is located, it is likely held by a Mexican bank in a trust ("fideicomiso") of which the decedent was likely the lifetime beneficiary. (If not in trust form, it may be held in "escritura," which is essentially what we in the USA would consider a regular warranty deed.)The benefit of the trust form is that the decedent may already have named a successor beneficiary - his kids, say - and so if that is confirmed, "transfer" may be as simple as filling out lots of paperwork and paying fees. Most US citizens hold property in Mexico in the trust form.But, regardless, I recommend having bilingual counsel local to the area where the property is located who is very familiar with the actual form of title and can guide and assist even with the "easy" version if that turns out to be what is at play.All the best, JoshJoshua D. McKarcherMcKarcher Law PLLC537 6th StreetClarkston, WA 99403(509) 758-3345(509) 758-3314 (fax)josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>www.mckarcherlaw.com<http://www.mckarcherlaw.com/>From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul NeumillerSent: Wednesday, June 28, 2023 2:31 PMTo: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: [WSBAPT] Probate Property in Mexico ReferralJust joined an existing probate where the original attorney died.  Decedent was a US citizen but resided in Mexico for 13 years and owned property in his name.  PR was under the impression (from the previous atty) that he had the authority to sell the property in Mexico because the WA court appointed him as PR.  I suspect this is incorrect.  He is trying to sell the property but I anticipate a problem if people in Mexico do not accept his authority as a PR in the State of Washington to sell property in Mexico.  I need to refer this portion of the probate to advise whether, in fact, he can sell the property or if he needs to open a probate (or Mexican equivalent) in Mexico.[cid:image001.jpg at 01D9A9E4.5C7DDB90]-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230629/85dd8dfd/attachment-0001.html>-------------- next part --------------A non-text attachment was scrubbed...Name: image001.jpgType: image/jpegSize: 14264 bytesDesc: image001.jpgURL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230629/85dd8dfd/image001-0001.jpg>------------------------------Message: 6Date: Thu, 29 Jun 2023 00:42:07 +0000From: "Lewis, Amy C." <ALewis at Eisenhowerlaw.com>To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: Re: [WSBAPT] Referral for Probate or Real Estate Attorney for	Pinal County, AZ - Maricopa (city, not County) AreaMessage-ID:	<MW2PR18MB226519B2BE5D09E5A35424D6D925A at MW2PR18MB2265.namprd18.prod.outlook.com>	Content-Type: text/plain; charset="windows-1252"Matt,              Try Bill Viall:Bill ViallAttorney12823 W San Pablo Dr.Sun City West, AZ  85375(623) 328-8469Billviall3 at gmail.com<mailto:Billviall3 at gmail.com>Licensed in AZ and WAAmy Lewis, AttorneyPronouns she/her/hers[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]909 A Street, Suite 600 | Tacoma, WA 98402phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Matt YatesSent: Wednesday, June 28, 2023 2:44 PMTo: wsbapt at lists.wsbarppt.comSubject: [WSBAPT] Referral for Probate or Real Estate Attorney for Pinal County, AZ - Maricopa (city, not County) AreaClient owns a home in Maricopa, Arizona (city, not county of AZ) and needs AZ equivalent of Transfer on Death Deed (AZ Beneficiary Deed?).Title appears vested in client and her deceased spouse so an AZ equivalent of a LOPA or something similar may be necessary.Client lives in Maricopa, AZ, and would prefer someone within a reasonable proximity.Matthew D. YatesAttorney at LawYates Marshall, PLLC10000 NE 7th Avenue, Suite 200Vancouver, WA 98685Phone: (360) 449-6100Fax: (360) 449-6111matt at yatesmarshall.com<mailto:matt at yatesmarshall.com>www.yatesmarshall.com<http://www.yatesmarshall.com> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230629/e72de7b0/attachment-0001.html>-------------- next part --------------A non-text attachment was scrubbed...Name: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.pngType: image/pngSize: 22687 bytesDesc: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.pngURL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230629/e72de7b0/Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98-0001.png>------------------------------Message: 7Date: Wed, 28 Jun 2023 19:26:13 -0700From: Mark McClure <mark at mcclurelawgroup.com>To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>Subject: Re: [WSBAPT] BECU and Creditor ClaimMessage-ID: <9b7de349168cd635bbd0a311031d5942 at mail.gmail.com>Content-Type: text/plain; charset="utf-8"I?ve been dealing with BECU?s cross collateralization agreement issue myentire bankruptcy career when there is a securitized asset like a car orrv.  Not sure if it the same issue here.  But it seems like it is just goodold ofset rights.  I don?t know why bank?s are not doing it.https://app.leg.wa.gov/rcw/default.aspx?cite=48.31.290*Mark C. McClure**Managing Attorney *Law Office of Mark McClure, PS*"Why Retire With Debt?"*1103 West Meeker Street, #101Kent, WA 98032Office:  253.631.6484Email: Mark at McClureLawGroup.com*Notice of Unavailability:* *      TBD   **CONFIDENTIALITY NOTICE:* This email contains legal stuff. If you are notthe intended recipient you could get into a lot of trouble if you read it,and even more trouble if you tell someone else about it. So, the best thingto do is ignore it and forget you ever saw it. Thank you.*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *David Moe*Sent:* Monday, June 26, 2023 6:59 PM*To:* WSBA Probate & Trust Listserv*Subject:* Re: [WSBAPT] BECU and Creditor ClaimBy any chance is BECU a secured creditor as to the debt in question?anddoes the estate (incl. non-probate estate) include funds in BECU CD orshare or checking accounts?  BECU (and perhaps other credit unions) mayclaim to have a right to freeze or to enforce a set-off as to decedent'sassets in BECU accounts.  I don't believe commercial banks enjoy the sameright.   The right of set-off might put BECU in a "secured-creditor"status.  Secured creditor status would allow BECU to ignore the mailed NTCand to verify their offset claim.Possibly that would explain the BECU  request for letters and deathcertificate.  This happed with an unfortunate result some year back withone of my probate matters where decedent left a $16K BECU share account butalso had a secured debt held by BECU.  I don't recall whether that was aBECU notice/deed of trust or a BECU credit card debt.  The share accountwas decedent's only liquid asset other than equity in decedent's personalresidence real property.  That cient needed some of the cash from the BECUaccount to make the decedent's residence marketable, in which event boththe estate and BECU would have benefitted.  There would have been a modestsurplus to the estate.  The PR client (a sole adult child beneficiary) didnot have (or did not want to risk) additional personal funds to make thenecessary repairs.  BECU would not relent.  My client, who had traveledfrom the east coast and paid attorney fees to open the probate, decided toabandon the estate rather than sink more personal funds into the fiasco. In today's real estate market things might have been different.   Mytake-away has been to warn modest-means clients about this mixed-benefitsituation involving credit unions.Has anyone else experienced this?Dave MoeDavid Moe Attorney, P.S.Telephone:  425-432-1277Fax:  425-432-128023745 225th Way SE, Suite 108Maple Valley, WA 98038Email:  davidmoe at maplevalleylaw.com*CONFIDENTIALITY NOTICE:  * This communication is intended for the sole useof the individual and entity to whom it is addressed, and may containinformation that is privileged, confidential and exempt from disclosureunder applicable law.  If you have received this communication in error,please notify this firm immediately by collect call (425)-432-1277, or byreply to this communication.------------------------------*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>*Sent:* Monday, June 26, 2023 5:06 PM*To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>*Subject:* [WSBAPT] BECU and Creditor ClaimA funny thing happened on the way to the forum today......I got a letter from BECU after sending them a known creditor notice for mymother's estate.  Rather than filing a creditor claim, they send me adocument stating that I need to send them my letters testamentary and aphotocopy of the death certificate.Has there been some change to the creditor statute? Have I fallen and hitmy head?I cannot recall the total number of creditor's claims filed by BECU in thepast - so I am curious as to whether anyone else has received notices likethis. It seems strange that they would elect to send this - noncompliantcommunication - over actually just sending the creditor's claim.*Brent Williams-Ruth* (pronouns: he/him)*Attorney-At-Law**Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC**Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003****EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent tothe following address: PO BOX 3319; Federal Way, WA 98063 *Office/Scheduling Phone: (253) 285-7751Direct: (253) 285-7453e-mail <Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230628/794ea532/attachment-0001.html>------------------------------Message: 8Date: Thu, 29 Jun 2023 18:06:41 +0000From: "michael westseattleattorney.com"	<michael at westseattleattorney.com>To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>Subject: [WSBAPT] Can you put a property with a Reverse Mgt into	Revocable	Trust ?Message-ID:	<MW4PR05MB82205794D78F0C46671A1998B725A at MW4PR05MB8220.namprd05.prod.outlook.com>	Content-Type: text/plain; charset="iso-8859-1"Hi, Does Anyone know if a person can put a property subject to a Reverse Mgt into Revocable Trust? The client does not have documents so hoping to avoid a long wait to get the DOT etc if anyone knows. Thanks, Mike[cid:41224074-89d0-44bd-b681-224a6c10c4f6]-------------- next part --------------An HTML attachment was scrubbed...URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230629/e6ea7ab6/attachment-0001.html>-------------- next part --------------A non-text attachment was scrubbed...Name: Outlook-pu1bvyal.pngType: image/pngSize: 57245 bytesDesc: Outlook-pu1bvyal.pngURL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230629/e6ea7ab6/Outlook-pu1bvyal-0001.png>------------------------------***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***_______________________________________________WSBAPT mailing listWSBAPT at lists.wsbarppt.comhttp://mailman.fsr.com/mailman/listinfo/wsbaptEnd of WSBAPT Digest, Vol 105, Issue 29***************************************
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