[WSBAPT] Double probate

Tue Jul 2 13:08:20 PDT 2024

Hi Ann,

I've actually never been tasked with this since making my "decision" not to
do it anymore! :)
But, I think in the interests of the applicable 4-month periods, it would
make sense to file them both concurrently, but maintaining separate banking
and tax records for both estates, and timing any conveyances of real
property out of the estate of the first to die, into the estate of the
second to die, and then onward from there.  (If you include "after acquired
title" language in the deed, the timing may not actually matter, but I like
to keep things as orderly as possible....)

My 2 cents,

Sarah

*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

*IMPORTANT NOTICE FOR DELIVERIES TO THIS OFFICE: *

*For delivery by USPS, please send to PO Box 290, Clinton, WA 98236.*

*For delivery by UPS or FedEX, please send to 6443 Harding Ave, Clinton WA
98236.*

This electronic message transmission contains information from the law firm
of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.
This information is intended to be for the use of the individual or entity
named above,  If you are not the intended recipient, be aware that any
further review, disclosure, printing, copying, distribution, or use of the
contents of this transmission is prohibited. If you have received this
electronic message transmission in error, please notify us immediately by
reply e-mail and delete the original message.  Thank you.

We do not accept service of any kind by e-mail unless expressly authorized
in writing by the attorney of record.  This e-mail is NOT a contract and is
not binding upon the author pursuant to CR 2A. This e-mail is, at most, a
negotiation under ER 408.

On Tue, Jul 2, 2024 at 12:44 PM Ann Manley <ann at manleyfirm.com> wrote:

> Sarah: what do you do instead? Two concurrent probates, or do you probate
> one first and then the other?
>
> 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,
> confidential, and intended solely to whom they are addressed. Any
> unauthorized use, copying, review or disclosure is prohibited. If you have
> received this communication in error, please immediately notify the sender.*
>
>
> On Tue, Jul 2, 2024 at 11:53 AM Sarah McCarthy <sarah at kawlawyers.com>
> wrote:
>
>> 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
>>
>>
>> *IMPORTANT NOTICE FOR DELIVERIES TO THIS OFFICE: *
>>
>> *For delivery by USPS, please send to PO Box 290, Clinton, WA 98236.*
>>
>> *For delivery by UPS or FedEX, please send to 6443 Harding Ave, Clinton
>> WA 98236.*
>>
>>
>> This electronic message transmission contains information from the law
>> firm of Kelly, Arndt & Walker, PLLP which may be confidential or
>> privileged.  This information is intended to be for the use of the
>> individual or entity named above,  If you are not the intended recipient,
>> be aware that any further review, disclosure, printing, copying,
>> distribution, or use of the contents of this transmission is prohibited. If
>> you have received this electronic message transmission in error, please
>> notify us immediately by reply e-mail and delete the original message.
>> Thank you.
>>
>>
>>
>> We do not accept service of any kind by e-mail unless expressly
>> authorized in writing by the attorney of record.  This e-mail is NOT a
>> contract and is not binding upon the author pursuant to CR 2A. This e-mail
>> is, at most, a negotiation under ER 408.
>>
>>
>> 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!
>>>
>>>
>>>
>>> Steve Aita
>>>
>>>
>>>
>>> ---------
>>>
>>> This e-mail is covered by the U.S. Electronic Communications Privacy
>>> Act, 18 U.S.C. 2510-2521. This e-mail was sent by an attorney or his agent,
>>> is intended only for the addressee's use, and may contain confidential
>>> information and/or information protected by the attorney-client privilege.
>>> If you are not the intended recipient, nor the employee or agent
>>> responsible for delivering it to the intended recipient, you are hereby
>>> notified that any dissemination or copying of this transmission (including
>>> any attachments) is strictly prohibited. If you have received this e-mail
>>> in error, please delete it and immediately notify the sender by reply
>>> e-mail. Thank you.
>>>
>>>
>>>
>>> P. Stephen Aita
>>>
>>> Attorney at Law
>>>
>>> Admitted in Washington & Idaho
>>>
>>>
>>>
>>> 3010 Harborview Dr., Suite 301
>>>
>>> Gig Harbor, WA  98335-1977
>>>
>>> Tel.: (253) 858-5434
>>>
>>> Fax: (253) 276-2373
>>>
>>>
>>>
>>> steve at aitalaw.com
>>>
>>> www.aitalaw.com
>>>
>>> www.facebook.com/aitalaw
>>>
>>>
>>>
>>> *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*
>>>
>>> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting,
>>> PLLC*
>>>
>>> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>>>
>>> *Mailing Address:** PO BOX 3319; Federal Way, WA 98063 *
>>>
>>> Office/Scheduling Phone: (253) 285-7751
>>>
>>> For All Meetings & Scheduling: info at williams-ruthlaw.com
>>>
>>> e-mail <Brent at Williams-RuthLaw.com> / website
>>> <http://www.williams-ruthlaw.com/> / facebook
>>> <http://www.facebook.com/bwrlaw> /
>>>
>>>
>>>
>>>
>>>
>>> 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.
>>>
>>> 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,
>>> confidential, and intended solely to whom they are addressed. Any
>>> unauthorized use, copying, review or disclosure is prohibited. If you have
>>> received this communication in error, please immediately notify the sender.*
>>>
>>>
>>>
>>>
>>>
>>> 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
>>> 821 Dock St  Ste 209  PMB 4-12
>>> Tacoma, Washington 98402
>>> +1 253-327-1750
>>> +1 253-327-1751 (fax)
>>> marka at mbaesq.com
>>> www.mbaesq.com
>>>
>>>
>>> *CONFIDENTIALITY NOTICE*This transmission is confidential and is
>>> intended solely for the use of the individual named recipient. It may be
>>> protected by the attorney-client privilege, work product doctrine, or other
>>> confidentiality protection. If you are not the intended recipient, or the
>>> person responsible to deliver it to the intended recipient, be advised that
>>> any dissemination, distribution, or copying of this communication is
>>> prohibited. If you have received this transmission in error, please
>>> immediately notify the sender via e-mail or by telephone at (253) 327-1750
>>> that you have received the message in error, and then delete it. Thank you.
>>>
>>>
>>>
>>> *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,
>>> confidential, and intended solely to whom they are addressed. Any
>>> unauthorized use, copying, review or disclosure is prohibited. If you have
>>> received this communication in error, please immediately notify the sender.*
>>>
>>> ***Disclaimer: Please note that RPPT listserv participation is not
>>> restricted to practicing attorneys and may include non-practicing
>>> attorneys, law students, professionals working in related fields, and
>>> others.***
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>>> ***Disclaimer: Please note that RPPT listserv participation is not
>>> restricted to practicing attorneys and may include non-practicing
>>> attorneys, law students, professionals working in related fields, and
>>> others.***
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>>> ***Disclaimer: Please note that RPPT listserv participation is not
>>> restricted to practicing attorneys and may include non-practicing
>>> attorneys, law students, professionals working in related fields, and
>>> others.***
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240702/b590cc38/attachment.html>