[WSBARP] Is there a way to cash a IRS refund check without probate?
YP Wang
yupwang at outlook.com
Tue Jul 25 11:47:29 PDT 2023
Dear All
Seek your experience on this matter. Do we have to probate or is there a way to cash the IRS check without probate? The background:
1) Husband (who never lived in the US) passed away in 2022 in another country. No Will. No asset in the US.
2) Husband and Wife once owned a property in WA, they sold it long before 2022. Husband was subject to tax withholding and IRS sent a tax refund (less than 30,000) in 2023.
Wife (live in WA) tried to cash the IRS check to herself and was rejected by banks.
In your experience, is there a way, without probate, to deposit the IRS check to the bank account of Wife?
Thank you!
Yuping Wang
WYP Law PLLC
Tel: 206 383 2826
Email: yuping at wyp-law.com
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Subject: WSBARP Digest, Vol 106, Issue 20
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Today's Topics:
1. Dissolved LLC and Power to Evict (Paul Neumiller)
2. Re: cry trustee's sale (Rob Rowley)
3. Re: Dissolved LLC and Power to Evict (Britt, Christopher)
4. Re: Dissolved LLC and Power to Evict (Inge Fordham)
5. Re: Dissolved LLC and Power to Evict (Paul Neumiller)
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Message: 1
Date: Mon, 24 Jul 2023 19:10:45 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Dissolved LLC and Power to Evict
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Cutting to the Chase: Can an administratively dissolved WA LLC use the court system to eject squatters from real property it has under contract to sell as part of its "winding up" actions under RCW 25.15.297? Background: LLC was administratively dissolved last year by WA Secretary of State. Managing Members now selling last piece of vacant property and discovers a homeless encampment. Removing encampment is now a condition of closing escrow for sale of vacant property. Is bringing a lawsuit for a Writ of Ejectment a valid "winding up" activity for a dissolved LLC? (Or, do I have to reinstate the LLC to be in good standing to use the WA courts?) I can't find any cases or law on this question.
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Message: 2
Date: Mon, 24 Jul 2023 12:58:35 -0700
From: Rob Rowley <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] cry trustee's sale
Message-ID: <3283e5b095aa69ce9080fb15fbc3f030 at mail.gmail.com>
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I use Gary?s Process Serving to cry all of my out of county sales including Pierce.
https://garysprocess.com/
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Bryce Dille
*Sent:* Monday, July 24, 2023 10:18 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] cry trustees sale
I Need recommendation of someone to cry a non judicial trustees sale for me on Friday in Pierce County Thank you
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
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** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
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Message: 3
Date: Mon, 24 Jul 2023 13:18:29 -0700
From: "Britt, Christopher" <christopher at lucentlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Dissolved LLC and Power to Evict
Message-ID:
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(2) In winding up its activities, the limited liability company:
(a) May file a certificate of dissolution with the secretary of state to provide notice that the limited liability company is dissolved; preserve the limited liability company's business or property as a going concern for a reasonable time; *prosecute and defend actions and proceedings, whether civil, criminal, or administrative, transfer the limited liability company's property; settle disputes; and perform other necessary acts*
I think you are well within your parameters to pursue your cause(s).
Christopher G. Britt, M.A., J.D.
Attorney at Law
1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278
P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)
E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*
Web: http://www.lucentlaw.com/
On Mon, Jul 24, 2023 at 12:16?PM Paul Neumiller <pneumiller at hotmail.com>
wrote:
> Cutting to the Chase: Can an administratively dissolved WA LLC use
> the court system to eject squatters from real property it has under
> contract to sell as part of its ?winding up? actions under RCW 25.15.297? Background:
> LLC was administratively dissolved last year by WA Secretary of State.
> Managing Members now selling last piece of vacant property and
> discovers a homeless encampment. Removing encampment is now a
> condition of closing escrow for sale of vacant property. Is bringing
> a lawsuit for a Writ of Ejectment a valid ?winding up? activity for a
> dissolved LLC? (Or, do I have to reinstate the LLC to be in good
> standing to use the WA courts?) I can?t find any cases or law on this question.
>
>
>
>
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
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Message: 4
Date: Mon, 24 Jul 2023 20:44:08 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Dissolved LLC and Power to Evict
Message-ID:
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A dissolved LLC can sue and be sued for three years following the filing of a certificate of dissolution. See RCW 25.15.297(1)(a) and RCW 25.15.309. See also Chadwick Farms and Emily Lane.
[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 | Mobile: (206) 778-3131 http://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: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Date: Monday, July 24, 2023 at 12:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Dissolved LLC and Power to Evict Cutting to the Chase: Can an administratively dissolved WA LLC use the court system to eject squatters from real property it has under contract to sell as part of its ?winding up? actions under RCW 25.15.297? Background: LLC was administratively dissolved last year by WA Secretary of State. Managing Members now selling last piece of vacant property and discovers a homeless encampment. Removing encampment is now a condition of closing escrow for sale of vacant property. Is bringing a lawsuit for a Writ of Ejectment a valid ?winding up? activity for a dissolved LLC? (Or, do I have to reinstate the LLC to be in good standing to use the WA courts?) I can?t find any cases or law on this question.
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Message: 5
Date: Mon, 24 Jul 2023 21:44:16 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Dissolved LLC and Power to Evict
Message-ID:
<MW3PR13MB39801F37666ED3F19685C4FBD202A at MW3PR13MB3980.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Thanks to all who answered. Very helpful.
[cid:image001.jpg at 01D9BE3D.50216A70]
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Monday, July 24, 2023 1:44 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Dissolved LLC and Power to Evict
A dissolved LLC can sue and be sued for three years following the filing of a certificate of dissolution. See RCW 25.15.297(1)(a) and RCW 25.15.309. See also Chadwick Farms and Emily Lane.
[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 | Mobile: (206) 778-3131 http://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: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
Date: Monday, July 24, 2023 at 12:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Dissolved LLC and Power to Evict Cutting to the Chase: Can an administratively dissolved WA LLC use the court system to eject squatters from real property it has under contract to sell as part of its "winding up" actions under RCW 25.15.297? Background: LLC was administratively dissolved last year by WA Secretary of State. Managing Members now selling last piece of vacant property and discovers a homeless encampment. Removing encampment is now a condition of closing escrow for sale of vacant property. Is bringing a lawsuit for a Writ of Ejectment a valid "winding up" activity for a dissolved LLC? (Or, do I have to reinstate the LLC to be in good standing to use the WA courts?) I can't find any cases or law on this question.
[cid:image001.jpg at 01D9BE3D.50216A70]
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