[WSBAPT] Double probate

Tue Jul 2 13:35:21 PDT 2024

Hi Sarah, which judge expressed concern?

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Tuesday, July 2, 2024 11:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Double probate

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)
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On Tue, Jul 2, 2024 at 11:40 AM <steve at aitalaw.com<mailto:steve at aitalaw.com>> wrote:
Would  you mind sending a copy to me as well? Thank you!

Steve Aita

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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 Brent Williams-Ruth
Sent: Tuesday, July 02, 2024 9:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

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On Tue, Jul 2, 2024 at 9:37 AM Ann Manley <ann at manleyfirm.com<mailto: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
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On Mon, Jul 1, 2024 at 4:49 PM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
Short answer – yes.

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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 Ann Manley
Sent: Monday, July 1, 2024 3:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<http://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.

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