[WSBARP] Corporate assets and probate

Mark Higgins markthiggins at gmail.com
Mon Jan 12 08:29:28 PST 2015


Heather--this stuff is in my wheelhouse.  Please call me to discuss as I
don't want to write a whole bunch!

Mark  206-491-2420​

On Mon, Jan 12, 2015 at 8:20 AM, Heather Kolbly <heather at kolblylaw.com>
wrote:

> Hi All,
>
>
>
> I am handling a probate where there are corporate assets held by Decedent,
> and I could use some guidance on how to handle those in the probate of D’s
> estate.  I know corporate assets typically pass outside of probate, but my
> questions are:
>
>
>
> 1.       If the corporate formation documents are silent as to what
> happens when a shareholder dies, do the corporate assets held by D then
> simply pass to her beneficiary named in her Will (in this case, there is
> just 1 beneficiary – D’s son).  There are 3 corporations here (2 in WA and
> 1 in OR); in a WA one, D was sole owner/shareholder, in the other two (WA
> and OR) she was part owner with 2-4 other people.
>
>
>
> 2.       Whether the corporate formation documents do or don’t state a
> procedure for what happens to assets when a shareholder dies, do those
> assets still get reported to the court in the probate process?
>
>
>
> 3.       There is an ancillary probate in OR in this case for other OR
> assets (real property), and the OR attorney handling that said that the OR
> corporation should pass through the WA probate.
>
>
>
> = I am confused.
>
>
>
> I appreciate any help you can offer!
>
>
>
> Heather Kolbly
>
>
>
>
>
> *Heather Tobin Kolbly*
>
> *Mobile Attorney *
>
> *KOLBLY LAW FIRM, P.C.*
>
> *Mail:*  704 228th Ave. NE #122, Sammamish, WA  98074
>
> *Office:*  (425) 522-4234 s *Cell:*  (425) 444-1888
>
> Heather at KolblyLaw.com
>
> www.KolblyLaw.com <http://www.kolblylaw.com/>
>
>
>
> *CONFIDENTIALITY: **This e-mail and its attachments are confidential and
> may be protected by attorney/client privilege, work product doctrine, or
> other nondisclosure protection. If you are not the intended recipient of
> this e-mail, please contact the sender immediately; you may not read,
> disclose, print, copy, store or disseminate the e-mail or any attachments
> or any information contained therein.*
>
> *IRS CIRCULAR 230 DISCLOSURE:* *To ensure compliance with new
> requirements of the Internal Revenue Service, we inform you that, to the
> extent any advice relating to a Federal tax issue is contained in this
> communication, including any attachments, it was not written or intended to
> be used, and cannot be used, for the purpose of (a) avoiding any tax
> related penalties that may be imposed on you or any other person under the
> Internal Revenue Code, or (b) promoting, marketing or recommending to
> another person any transaction or matter addressed in this communication.*
>
>
>
>
>
>
>
>
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>



-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150112/5aca7bbb/attachment.html>


More information about the WSBARP mailing list