[WSBAPT] Old Probate

[Amy Goertz]

Good morning, Listers -


I have a situation on which I could use some input:


I got a call from a potential client. His mother-in-law died in 2008. She had three children, Kid A (Client'’s wife), Kid B, and Kid C. Kid B was handling the estate with the assistance of an attorney. 

The probate was started in 2008. Mother-in-law’s Will calls for property to be sold and divided among the three kids evenly.

Years went by and PR Kid Bl told Client’s wife that if she objected/complained, she would only get $1 so she did not complain or demand her share of the estate.

In 2011 the clerk’s office sent a Notice that they were going to close the probate file due to lack of activity. PR's attorney filed a Declaration of Completion.

Client’s wife died in 2013. To client''s recollection, she never received Notice about the probate nor any share of the estate.

Kid C died in 2022. Kid Bl handled this probate as well and apparently took all the stuff, but she had Kid C’s son sign a receipt of distributive share so I guess that ship has sailed.

Mother-in-lawl’s house is still sitting vacant after all these years, still in her name.

Client wants his wife’s one-third share of the house.

What would be the best course of action? Re-open the probate and appoint Don as PR?

I imagine Kid B would not be too happy about this but oddly, to client’s knowledge the house is just vacant - not rented out or lived in at all.

I would appreciate any suggestions you might have.


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230912/8d0c2490/attachment.html>