[WSBAPT] Double probate

Tue Jul 2 11:52:17 PDT 2024

Hate to be a naysayer, but tossing in my 2 cents:  I'm not a fan of double
probates. I've heard one title officer vent about the title issues that can
result from this approach, and my local court (Island County) has also
expressed concerns about whether statutory authority for this approach
exists.  The only real benefit seems to be cost savings to the client, and
the potential hurdles in many cases are likely to outweigh this single
pro.  Issues also arise at the time of obtaining an EIN for the estate,
issues with opening estate bank accounts, issues with filing tax returns,
etc.

That said, I've done this a few times for very low value, uncomplicated
estates, where no tax filings were going to be needed, and it seemed to
work out "okay," but I've decided simply not to do it anymore.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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On Tue, Jul 2, 2024 at 11:40 AM <steve at aitalaw.com> wrote:

> Would  you mind sending a copy to me as well? Thank you!
>
>
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> Steve Aita
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> P. Stephen Aita
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> Attorney at Law
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Tuesday, July 02, 2024 9:40 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Double probate
>
>
>
> Yes! Will send it directly to you.
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
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>
> On Tue, Jul 2, 2024 at 9:37 AM Ann Manley <ann at manleyfirm.com> wrote:
>
> Does anyone have a petition to open a double probate they would be willing
> to share with me?
>
>
> Ann Manley, Esq.
>
> The Manley Law Firm, P.S., Inc.
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> PO Box 16324
>
> Seattle, WA 98116
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> On Mon, Jul 1, 2024 at 4:49 PM Mark Anderson <marka at mbaesq.com> wrote:
>
> Short answer – yes.
>
>
>
>
> *Mark B. Anderson*ANDERSON LAW FIRM PLLC
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ann Manley
> *Sent:* Monday, July 1, 2024 3:44 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Double probate
>
>
>
> Husband died in 2018. No will was located, no probate opened. Wife died
> recently. Both wills have since been located. Husband's will directed that
> a Credit Shelter Trust be created, which obviously wasn't done. Looks like
> Husband did not have a taxable estate at the time of his death. Both wills
> name Son as PR.
>
>
>
> There is a house in both names, and a lot just in husband's name. So I'm
> thinking double probate is necessary. Can this be done under one case
> number?
>
>
> Ann Manley, Esq.
>
> The Manley Law Firm, P.S., Inc.
>
> PO Box 16324
>
> Seattle, WA 98116
>
> (206)292-3064 / (206)292-3914 fax
>
> www.manleyfirm.com
>
> *The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
> Auto Accidents, Civil Litigation, Construction, Commercial and Contract
> Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and
> Compensation claims*
>
> ** The Manley Law Firm is a Debt Relief Agency. We help people file for
> bankruptcy relief under the Bankruptcy Code.*
>
> *This email and any files transmitted with it are privileged,
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