[WSBAPT] Referral Needed

[Gwendolyn Cornwell]

We can likely help with this.  I would be happy to discuss it with the pc.  This may require a partition action with an accounting to show who put what into the property.  However, an agreement coming to similar terms would be the goal.

Regards,

Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doris Eslinger
Sent: Saturday, March 4, 2023 3:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Referral Needed

I received the following email from a client looking for an attorney for a friend (copied & pasted in the box below).  My client gave me permission to post the email contents. If you are interested in this case, please let me know. I have given the client the vulnerable adult reporting information also.

"I have a good friend whose brother in law needs an attorney.

Let me give you the scenario. Cambodian family. The brother in law and his now deceased wife bought a home and put their son on the title of the home. The wife passed away and now the father, son and new wife live in the house in a very untenable maybe even an abusive situation.

The son has paid and continues to pay $700 a month in "rent" from the date of purchase. There is no rental agreement or purchase agreement between the parties.

The home is worth about $500K with a mortgage of about $100K. The father has offered to sell to the son whatever interest he has in the home for $200K or alternatively wants to put the home up for sale. He believes he morally owns 100% of the home based on verbal understanding at the point of purchase, however is willing to give up half of the equity in the home to be able to walk away from a bad situation which my friend believes may physically but is most certainly verbally abusive.

The father is at the point where he is willing to hire an attorney to come to a solution in order to be able to move on with his life.

Any recommendations as to an attorney that can guide these people thought this mess would be very much appreciated. By the way, the property is located in Snohomish county, but a referral of a qualified attorney in the Seattle, Eastside or Everett would be great."


Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

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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: Saturday, March 04, 2023 2:58 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

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>
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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
[cid:image001.jpg at 01D95012.E6179980]
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<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
[cid:image002.jpg at 01D95012.E6179980]
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:   [FB Logo] <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.



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