[WSBAPT] Trust Rubber Hitting the Road

[Nick Pleasants]

Try opening a preliminary title commitment for the property and ask them if it can be sold with a Lack of Probate Affidavit to clear the parents' interest to the daughter. I've had pretty good success with that when there are properties that were not conveyed to a living trust prior to death. Your situation sounds good for a lack of probate because it is consistent with the intestate scheme and it is only one daughter, so it would be very low risk for the title company to insure.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, September 15, 2023 4:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Rubber Hitting the Road

Mother died many years ago and Dad recently died as a resident in CA.  It is Dad's CA pour-over Will and Trust. Client is daughter and sole heir and named beneficiary.  Other than property ownership, there are no ties to WA.


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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 Philip N. Jones
Sent: Friday, September 15, 2023 4:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Trust Rubber Hitting the Road

Has somebody died?

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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 Paul Neumiller
Sent: Friday, September 15, 2023 4:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Trust Rubber Hitting the Road

Client has a CA pour-over Will and a CA trust with WA vacant land that was never conveyed into the CA trust.  Is there some way to convey the WA land into the CA trust without having to open probate?  Client then wants to sell the land.


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