[WSBAPT] What Probate Does to (was to be ex) Wife's ability to Sell

[Kerry Richards]

Jeff:
This does not answer your questions, but on the facts presented Wife has improperly employed the Small Estate Affidavit. The institution allowing her to take the account should be promptly advised so they may begin a clawback of funds improperly delivered to Wife. Basically his estate is more than just personal property and creditors have not been paid or provided for.
In the proceeding in probate, a motion for a restraining order should accompany the request for probate of the Will with a clear statement of the facts. Let the court issue a TRO which can be delivered to the Wife and the agent. The Wife is losing all elements of credibility. My view.
Yours truly,
Kerry A. Richards

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com <Jeff at bellanddavispllc.com>
Sent: Thursday, September 21, 2023 12:02:57 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] What Probate Does to (was to be ex) Wife's ability to Sell


Listmates:



Wife files for divorced.  H dies just before divorced finalized.  Wife, then uses a Small Estate Affidavit to take H’s bank account, she also lists community house for sale.  H had executed a new Will mentioning the divorce and leaving all to daughter.  We’ve told the realtor of the Will and fact daughter will be PR and once appointed will control the community property including the house.  Realtor seems nonplussed and is proceeding ahead.  Estate will open this afternoon.  Have any of you run into this; what are the best ways to stop the realtor and the Wife from proceeding?



Jeff



W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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