[WSBAPT] Commencing Joint Probate for H & W Estates where Wills Already Filed

Wed Sep 3 13:51:27 PDT 2025

Dear Inge:

Given these facts, I agree that a probate action should be initiated for W’s Estate, but not for H's Estate.  The PR for W’s Estate would then initiate the quiet title action.  The named Defendants would include not only the REK Sellers along with Jane and John Does, but also H and H’s heirs-at law.  (This would address your concern that a Court might not buy off on an argument that when H died, his share passed to W.)  Assuming defaults all around, this would put title to the property in the name of the Estate of W.  The PR can then administer the property as an asset of W's Estate.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, September 3, 2025 10:20 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Commencing Joint Probate for H & W Estates where Wills Already Filed

Mark,

H died first – in October 2020.  W died in July 2024.  The wills are reciprocal.  They have a 30-day survival clause.  We’re well past that.  Both Wills leave everything to the surviving spouse.  In the absence of a surviving spouse, both Wills leave everything to three children to be divided equally.  The subject property was acquired through a 1981 real estate contract between [sellers] and H & W, husband and wife.  Although the REK was PIF, there was no fulfillment deed recorded (hence the need for a QT action).  It would be an utter waste of money to commence probate for two separate estates and bring a QT action in the name of both estates.  I could commence probate for W’s estate, bring a QT in the name of W’s estate only (arguing that when H died, his share passed to W), but I’m not sure the Court would buy off on that.  I welcome your thoughts.

Best regards,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

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 Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>>
Date: Wednesday, September 3, 2025 at 9:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Commencing Joint Probate for H & W Estates where Wills Already Filed
Before directly addressing your scenario, I have some questions:
Who died first and how much time passed before the other spouse died?
Is there a limitation in either will such as "… provided that s/he survives me by X number of days"?
Are the wills reciprocal?
Was title held as "husband-and-wife," as tenants-in-common, or jointly?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Inge Fordham
Sent: Tuesday, September 2, 2025 3:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Commencing Joint Probate for H & W Estates where Wills Already Filed

Colleagues,

I am commencing probate to clear title to real property owned by H & W (both deceased).  The property is the sole asset and the property will be transferred to three beneficiaries  (the three children of H & W).   H & W’s Wills were filed in Pierce County Superior Court in 2024.  Ordinarily, I would file a petition under the Cause No. for the Will that was filed.  It doesn’t make sense to do two separate probates in this instance.  Can I file a petition under the Cause No. for W’s Will, for example, and reference H’s Will by separate Cause No.?  Has anyone done this in Pierce County?

Thanks,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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