[WSBAPT] Double probate?

[Nick Pleasants]

If the transfer is only real estate, I would talk to a title company about using a Lack of Probate Affidavit to process those transfers. I agree with Diane, consideration should be given to how son’s estate is passing. If son is the only heir of mom, then mom’s interest can usually be transferred to son using LOPA. Then just analyze whether son’s interest meets requirements to use LOPA. If the non-real property portion of the son’s estate is under $100,000, then that should be transferrable using small estate affidavit, unless there is a specific need for letters testamentary (e.g. brokerage account or IRA without designated beneficiaries, etc.).
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Monday, November 13, 2023 10:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Double probate?

Before I opened a combined estate, I’d want to know what the son’s transfer of estate will look like (testate, intestate, blended family, no family, etc.).  In some cases it’s worth going a different route then a single filing for 2 probates.

Please note that I will be out of the office starting December 4, 2023 until approximately December 18, 2023 for medical reasons, with little to no email for the initial few days.  If you need immediate assistance, please call 509-455-5300 and ask for Sandy Saty.

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
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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 Kendel Froese
Sent: Friday, November 10, 2023 1:32 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Double probate?

Hi all:

Can I open a double probate for a deceased mother and her deceased son?

What's mostly at issue and needs to be transferred is real property. Mother actually died in the 1960s, but probate was never opened and her only son just moved into the property. This only son recently died and the property is still in deceased Mom's name, so I think opening probate for both estates is the wisest move forward. I'm just not sure if I have to open probate for each estate separately or if I can do it under the same case number?

Thank you in advance! Have a great weekend!

Warmly,
Kendel

--

Kendel Froese

Attorney, Froese Law PLLC<https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

Instantly schedule an appointment with me here<https://calendly.com/froeselawpllc>!

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