[WSBAPT] Old Probate

[Amy Goertz]

I did check the title. It is in Mother-in-law’s name. The taxpayer is indicated as “Estate of Mother-in-Law.”

The house is just a few doors down from the former PR, so she takes at least some care of the house, lawn, etc.

There was no probate of Kid A, client’s wife.

Kid C died in 2022 and a probate was done by his sister, Kid B, same P.R. as for mother-in-law’s estate. 

Client reports that Kid B bamboozled decent Kid C’s son into signing a Receipt for his distributive share of his father’s estate.

I haven’t done a Partition action so that would be an interesting avenue.




> On Sep 12, 2023, at 10:40 AM, Eric Nelsen <eric at sayrelawoffices.com> wrote:
> 
> My alarms are going off—there a lot of gaps in this story. My first thought is that somebody was at least paying property taxes, otherwise it would have been lost to property tax foreclosure many years ago. Also, why is this coming up now, 15 years after mother-in-law’s death and 10 years after the death of Kid A (client’s wife)?
>  
> Assuming I got an advance fee deposit up front to cover all my time, I think I’d investigate the status of title on the house, and go look at its actual condition, before deciding what to do. Why hasn’t it gone into foreclosure? Any records of who was paying property taxes? Is it boarded up? Any power or water service? Anybody maintaining the yard?
>  
> From an inheritance perspective, I wonder if a title company would require re-opening the mother-in-law’s probate in order to have a deed issued. But determining grantees in the deed would be problematic since Kid A and Kid C are both now deceased. Was there a probate of Kid A’s estate in 2013, and if so, did it make any claim to an interest in mother-in-law’s house?
>  
> Also, why did Kid C’s son sign a receipt? What did that signify; was there a probate of Kid C’s estate, and if so, did it make a claim to the house? Is Kid C’s son barred by the receipt from pursuing an interest, or is there a fraud claim, or simply an undetermined interest that was not addressed in handling Kid C’s estate?
>  
> Keeping in mind this is real estate and RCW 11.04.250 operates automatically to transfer property pursuant to intestacy, even without a probate, it’s possible that the heirs of Kid A, the heirs of Kid C, and Kid B are all co-owners of the property at this time.
>  
> Besides re-opening mother-in-law’s probate, perhaps a probate of Kid A’s estate would be needed. Maybe a probate of Kid C as well. But if the title lines up okay, perhaps it also would be possible to shortcut to a partition action and force a sale to distribute to Kid B, Kid A’s heirs, and Kid C’s heirs. Plus maybe some fiduciary claims against Kid B? And some kind of reimbursement right to whomever has been paying property taxes?
>  
> Sincerely,
>  
> Eric
>  
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
>  
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
> Sent: Tuesday, September 12, 2023 9:42 AM
> 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
> 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:
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>  
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
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