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

Sat Mar 4 14:57:40 PST 2023

Ms. Doehne,

In our case, the sale was by real estate contract, so when the Buyers stop
paying, after the Seller died, I told them if they didn't start paying the
estate I would commence forfeiture.  If your Buyer stops paying, again,
threaten what ever type of foreclosure you need to do to wake them up.

Given the number of beneficiaries you have, and how they don't get along, if
your client is ok with the estate staying open, I agree with you, keep it
open until all the monies are paid.  You can then disburse and be done.  You
will avoid a lot of costs by doing as you propose.

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Doehne, Jen
Sent: Saturday, March 4, 2023 2:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Ready to Close but holding a real estate
contract

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

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 |  <http://www.eisenhowerlaw.com/>
www.eisenhowerlaw.com 

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 Heather de Vrieze
Sent: Friday, March 3, 2023 2:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto: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

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

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

Click here to connect with de Vrieze | Carney on Facebook:
<https://www.facebook.com/DeVriezeCarney> 

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

The information contained in this e-mail message may be privileged,
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