[WSBAPT] Wife inherits Husband's intestate estate. She is appointed PR. She dies prior to probate being finished. Two sets of kids.

[Jeff at bellanddavispllc.com]

Michael,

 

I'm a little confused.  H dies intestate with all estate property being
community.  Therefore, at H's death, all title vests in Wife.  I suppose H's
children could petition to be PR to close the H's estate, but why?  If
wife's will leaves it all to the two children of H & W, assuming they are
adults and competent, wouldn't they be the logical ones to finish H's estate
and then probate the Will?  I cannot imagine H's children wanting to step in
if they will get nothing.

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of michael westseattleattorney.com
Sent: Friday, November 1, 2024 1:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Wife inherits Husband's intestate estate. She is appointed
PR. She dies prior to probate being finished. Two sets of kids.

 

The decedent died intestate. All community, so the wife inherited. Their
wife dies nearly a year later, but before probate is finalized.  

There are four children. Two children of the deceased Husband from a prior
marriage, who conceivably could petition to become the next PR of the
Husband's probate and two children of the Wife and deceased Husband
together, who are the sole beneficiaries of Wife's Will.  

Would the Court give the nod to the Wife's two children, sole Will
beneficiaries? 

So, Successor PR of H probate would distribute H's interest to W, including
real property.  PR named in Wife's Will would open a probate for Wife and
distribute to its Will beneficiaries. 

Wouldn't the court appoint the PR names in the Wife's Will as successor PR
of H's estate?

Thanks 

Mike 

 



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