[WSBARP] Probabe question, can I probate mother and daughter's estates in single case.

[Rob Wilson-Hoss]

Preston, 

 

          Steve is of course right; work with the title company. In a
similar but not identical matter, where I am (judicially) foreclosing an
HOA lien and don't want to either publish summons or start a probate, the
title examiner and I worked the following up for the Complaint; I will get
a judgment reciting the same, which will be good enough for them to insure
title after sheriff's sale and on resale. The sole defendant in my lawsuit
is the daughter.  Often a good title examiner will take their
(nonjudicial)  not-for-probate affidavits and work them around with you so
that you can get clear title to sell; sometimes you need to throw in an
indemnification to make them feel secure enough about it.  

 

             Kristinia Jones, fka Kristinia Smith, held vested title to
the subject property. Kristinia Jones passed away on January 4, 2014.  No
probate of her Estate or Will has been filed with a Superior Court in the
State of Washington.  Ms. Wilson had no surviving spouse or registered
domestic partner at the time of her death.  Ms. Wilson was survived by one
child, a daughter, Brittany Johnson, and had no other surviving issue.  By
operation of law, RCW 11.04.015 and RCW 11.04.250, title to the subject
property passed to Brittany Johnson as of the date of death of Kristinia
Jones.  Title to the subject property vested subject to expenses of
administration of her estate; debts of her estate; family allowance
claims; and any other charges for which such real property is liable under
existing laws. 

No claims have been made or lawsuits brought against Kristinia Jones.
According to the Department of Social and Health Services, its Estate
Recovery Unit has no claim against her.  By operation of law, RCW
11.40.051, any claims against Kristinia Jones were barred as to her
probate and nonprobate assets twenty-four months after her date of death;
this time period has passed, and there can be no debts of the decedent to
which the title to the subject property is subject. There has been no
administration of her Estate, so there is no possibility of any expenses
of administration.  Pursuant to RCW 11.54.010, there can be no family
allowance in this matter as there is no surviving spouse or domestic
partner of the decedent.  Title to the subject property is otherwise
clear, except for Mason County real property tax liens; this Complaint
seeks foreclosure of Plaintiff's lien subject to said lien.

Title to the subject property is vested in Kristinia Jones' sole heir,
Brittany Johnson, free and clear of all encumbrances except for Mason
County real property tax liens. 

 

Rob

 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

This message is intended solely for the use of the addressee and may
contain information that is privileged, confidential, and exempt from
disclosure under applicable law.  If you are not the addressee, you are
hereby notified that any use, distribution, or copying of this message is
strictly prohibited.  If you received this message in error, please notify
us by reply e-mail or by telephone (call us collect at the number listed
above) and immediately delete this message and any and all of its
attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.
To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. §
1692) applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You
have the right to seek advice of legal counsel.

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Monday, March 03, 2014 8:54 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Probabe question, can I probate mother and
daughter's estates in single case.

 

Preston,

     You need to work with a title company as to what they need. In some
circumstances, if you can provide enough documentation, they will insure a
party's interest without a probate.

 

Steve Whitehouse

Stephen Whitehouse

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

swhite8893 at aol.com

-----Original Message-----
From: PrestonFoskey <preston at plfps.comcastbiz.net>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Mon, Mar 3, 2014 7:48 am
Subject: [WSBARP] Probabe question, can I probate mother and daughter's
estates in single case.

Listmates:

                When daughter was quite young her father passed away and
the primary asset the family home went to mother and daughter in unequal
shares.  Mother never remarried and daughter is her only child.   Daughter
married and she and husband have no children.

                Mother passed away about 8 years ago without a will.
Daughter was only heir.  Mother’s estate never probated.

                Daughter and husband have wills naming each other as sole
heir.

                Daughter and husband also have community property
agreement.

                Daughter passes away about six months ago.

                If husband probates only mother’s estate can real estate
be transferred directly to him under the community property agreement
between him and deceased daughter?

                If not do I need to probate both estates since daughter is
no longer alive to receive real property though mother’s probate?

                If I have to probated both estates can I do them in a
single filing.  I have done a joint husband and wife probate when they
died at different times but don’t know if it is appropriate to do joint
mother/daughter probate.

                Any ideas would be appreciated.

                Thanks in advance.

 

Preston L. Foskey, Attorney at Law

WSBA # 12509

Preston L. Foskey, P. S.

8248 East D Street

Tacoma, Washington 98404-1042

Phone:  253.535.5829  Fax:  253.535.9391

E-Mail:  preston at plfps.comcastbiz.net

 

WARNING:  This email (including any attachments) is covered by the
Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522,
is confidential and privileged.  This email is solely for the use of the
addressee(s) named above.  Receipt by anyone other than the individual
recipient is NOT a waiver of attorney-client privilege.  Any violation of
the ECPA is subject to the penalties stated therein.

 

SPECIAL NOTICE TO CLIENT(S):  If you are my client this email is directed
to you, DO NOT FORWARD to any other party, or you could be waiving the
attorney-client privilege.

 

Notice:  The information contained in this e-mail is confidential and may
also be attorney-client privileged.  This information is intented only for
the use of the individual or entity to whom it is addressed.  If you are
not the intended recipient, or the employee or agent responsible to
deliver it to the intended recipient, you are hereby notified that any
use, dissemination, distribution,or copying of this communication is
strictly prohibited.  If you have received this e-mail in error, pleasee
immediately notify me by replying to this e-mail and deleted the original.
Thank you.

 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 


- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 15790 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140303/8f42fe21/winmail.dat>