[WSBAPT] Probate Ready to Close but holding a real estate contract

[Doehne, Jen]

I am actually handling a nearly-identical case now - payments are due to continue until Nov 2024. However, I have a payor who is unrelated and not the most cooperative. It was very difficult to get him to assign the payments to the estate, which, for other reasons, has been open now for 2 years.  It just now came to my attention that the payor actually stopped making payments back in September, therefore, we must get the payor to continue the payments before I can even think about closing the probate - another reason to continue to keep the probate open.

I have discussed many options with the personal representative but assigning to the multi beneficiaries is not an option and neither is making payment directly to the personal representative, as not all of the beneficiaries get along and that is not a risk my client is willing to take. My client argues that the amount of the monthly payments (and total amount of the estate) do not make hiring a collection and disbursement professional a good viable option.

We are left with two options (though I am very open to other ideas!): 1. Keeping the probate open or 2. Creating a trust with the same distribution requirements as the Will. I am actually leaning toward keeping the probate open given the payor's tendencies and the family drama. Thankfully the MCRH is not scheduled until 6 months after the final payment is due. I could do the second option, especially because we are going to have to go after the payor and we can combine the assignment with this.  However, my client is concerned about another lapse in payment.

Open to thoughts or comments - especially if someone has gone through this before!
Thanks,
Jen


Jen Doehne, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 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 Heather de Vrieze
Sent: Friday, March 3, 2023 2:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Ready to Close but holding a real estate contract

Depending on how many beneficiaries, the seller's interest in the contract could be assigned to the estate beneficiaries, otherwise, if payments continue to be made to the estate, either they can go directly to the Personal Representative or estate bank account, or there are companies who do the collection and disbursement, but I don't think the title or escrow companies do it.

Keeping the estate open for several more years doesn't seem like an ideal solution.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D94EA7.53BA17F0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [cid:image002.png at 01D94EA7.53BA17F0] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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: Friday, March 3, 2023 2:10 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate Ready to Close but holding a real estate contract

Listmates:

A probate estate is ready to close with the only asset to distribute is a real estate contract in which the buyers have until 2030 to payoff.  They are making monthly payments.  The six equal beneficiaries under the Will, are friends of the decedent, no children or other blood relative.  Not having done this before, I assume the PR opens a collection account with a bank/title company with instructions to disburse the funds every 3, 6 or whenever, to the beneficiaries.  Have any of you done this before?

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.



 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/20230304/6c86bdf2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230304/6c86bdf2/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230304/6c86bdf2/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
Type: image/png
Size: 22687 bytes
Desc: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230304/6c86bdf2/Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png>