[WSBARP] Decedent Owned No WA Property But Does Own Mineral Interest Rights in MT

[Mark McClure]

That is usually the case in most individual bankruptcy cases.  The value of
the mineral rights are usually too little for the Trustee to cost
effectively administer even if unexempted.





*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Paul Neumiller
*Sent:* Wednesday, January 15, 2025 2:48 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Decedent Owned No WA Property But Does Own Mineral
Interest Rights in MT



Matthew, you have probably done this but you should have the PC get a good
FMV of the mineral rights.  I’ve had clients in similar situations walk
away because the mineral rights were not worth the hassle and cost of
opening the probates.









*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Matt Yates
*Sent:* Wednesday, January 15, 2025 2:32 PM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* [WSBARP] Decedent Owned No WA Property But Does Own Mineral
Interest Rights in MT



Received a call from a PC whose father died intestate, and PC is only legal
heir. PC indicates that while father lived in WA, he owned no property in
WA (except personal property not warranting probate) and the only asset is
a mineral interest right in MT. PC indicates that he called an attorney in
MT who indicated that PC has to open probate in WA and then do ancillary
probate in MT. I’m not sure what would be the subject of the WA probate if
MT attorney is accurate. I have handled many probates with property in
other states requiring ancillary probate proceedings, but I cannot say I’ve
had to open an ancillary probate when there is no property in WA.



Anyone encounter this issue before? I’m wondering what I’m missing here.


Matthew D. Yates

Attorney at Law

Yates Marshall, PLLC

10000 NE 7th Avenue, Suite 200

Vancouver, WA 98685

Phone: (360) 449-6100

Fax: (360) 449-6111

matt at yatesmarshall.com

www.yatesmarshall.com
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