[WSBARP] To probate or not to probate

[Margaret Delp]

Hello Everyone:

 

I have a hypothetical low income client who is the sole heir at law to her
daughter's estate.  Daughter died intestate.  Estate has 2 assets - a home
which is slightly "under water" and a very small 401(k) account which
designates the client as beneficiary.  The lender sent a Notice of
Pre-Foreclosure Options to the family because of failure of the decedent to
make a mortgage payment.  Neither the client nor the estate has the money to
pay for a probate.

 

Question 1 - if the client walks away from the estate, and allows the house
to go into foreclosure, are there any negative ramifications for the client?
She has already received the distribution from the 401(k).  

 

Question 2 -- Client has access to the house.  Can client (who is the only
heir) take possession of the personal property of decedent before bank
forecloses - in other words, can she and the other family members who all
get along clear everything out the house without a probate?  

 

I'd appreciate your thoughts.

--Margaret

--

Law Office of Margaret Delp

2815 Howard Road, Second Floor

P.O. Box 292

Langley, WA 98260

(360) 579-4530 (telephone)

(360) 512-3114 (facsimile)

 

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