[WSBAPT] Old Probate

Tue Sep 12 10:20:37 PDT 2023

Hi Amy,

This is a mess.

I am assuming your PC received 100% of his wife’s separate property (inheritance) by way of her will?  And why did he wait 10 years after the death of his wife to try to claim property she should have inherited?

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Tuesday, September 12, 2023 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Old Probate

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
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