[WSBAPT] Probate necessary?

[Ann Manley]

Can a "Community Property Affidavit" be used in this situation, or does
that just work for real estate?

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.*

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On Tue, Mar 26, 2024 at 11:15 AM Philip N. Jones <pjones at duffykekel.com>
wrote:

> My vote is that probate is probably not necessary, if the remaining
> members of the LLC agree that the shares can be transferred without
> probate.  I suggest that a new operating agreement could reflect the new
> situation, but keep in mind that you should also consider whether the
> decedent had any creditors.
>
> I know that some people use a Certificate of Incumbency to reflect the
> current situation, without the need for a probate.
>
> Phil Jones
>
>
>
> Philip N. Jones |Duffy Kekel LLP
>
> 900 S.W. Fifth Ave., Suite 2500, Portland OR 97204
>
> (503) 226-1371 (main) ) | (503) 226-3574 (fax)
>
> (503) 853-1482 (cell)
>
> pjones at duffykekel.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ann Manley
> *Sent:* Tuesday, March 26, 2024 11:10 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Cc:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBAPT] Probate necessary?
>
>
>
> Client's deceased husband made an investment in a LLC. The operating
> agreement reads that the two of them and a third person each have shares.
> Client and husband each own 10% as individuals. Investment made from
> community funds.
>
>
>
> He died intestate. Short of a community property agreement, are we
> required to open a probate to transfer his interest to her?
>
>
> 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.*
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