[WSBAPT] Inventory and Appraisement

Tue Dec 23 13:17:05 PST 2014

I'm with Tara re the Inventory. The statute isn't explicit but I have always interpreted it as, PR gets minimum of 3 months to complete an Inventory (and even then, it's only of property found by that time, and amendments can be done later). And a request can only be honored once the Inventory is completed, so if I get a request before the 3 months is up, I don't worry about the 10-day limit, and just send the Inventory once it is actually completed.

One other thought: If I'm feeling ornery (or my PR is), I sometimes take the Scrooge request literally: They asked for an accounting, not an Inventory. See RCW 11.68.065<http://app.leg.wa.gov/rcw/default.aspx?cite=11.68.065> for beneficiary's rights regarding an accounting/report. So I tell 'em only that they're not entitled to an accounting at this time, and if they have questions they should consult an independent attorney of their choosing. I don't even send them an Inventory until they actually request it. I don't advise this often, but sometimes with a cranky heir the prudent call is to comply with nothing until they get the request correct under the statutes. That prevents the PR from wasting time with someone who is primarily about annoyance and interference, not actual protection of rights. If they get a lawyer, so much the better: Scrooge becomes his own lawyer's headache, not yours.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-owner at lists.wsbarppt.com [mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Tara
Sent: Tuesday, December 23, 2014 1:02 PM
To: wsbapt at lists.wsbarppt.com; 'WSBA RPPT Probate & Trust Discussion Forum'
Subject: RE: [WSBAPT] Inventory and Appraisement

Send a reply to Scrooge that the PR will complete the Inventory within the statutorily proscribed period.  You will note that her request has been made and she will receive a copy within 10 days of the Inventory’s completion.

Bah, humbug!

Tara M. Roberts
Puget Sound Law
roberts at pugetsoundlaw.com<mailto:roberts at pugetsoundlaw.com>

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From: wsbapt-owner at lists.wsbarppt.com<mailto:wsbapt-owner at lists.wsbarppt.com> [mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com<mailto:amanda_wilson at olypenlawoffices.com>
Sent: Tuesday, December 23, 2014 12:55 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] Inventory and Appraisement

I have a new probate that may get ugly.

My PR was appointed on December 11. The PR has not even received the death certificate yet (although he hopes to have it this week) and the bank is not distributing the deceased's funds until they get one. Today, he came into my office and said he just "found out" about a couple retirement accounts the deceased had.

In other words, we are very very early in the process.

Yesterday, I got an email from an heir (hereinafter referred to as "Scrooge") demanding an accounting of the estate. She wants the accounting "by the close of business on December 26." (That is not a typo, she really asked for a full accounting within four days to be delivered the day after Christmas).

RCW 11.44.015(1) says the PR shall make an inventory and appraisement within three months of appointment. RCW 11.44.015(2) says the PR shall furnish to an heir a true and correct copy of the inventory and appraisement within ten days of the receipt of the request (paraphrased).

So, what if Scrooge requests the I&A within ten days of appointment? I want to read this that after the three month mark, the PR will have to disclose the I&A within 10 days (or exactly at the three month mark, because the 10 day period is done). Any ideas?

Amanda M. Wilson, esq.

Olympic Peninsula Law Offices, LLC

219 W Patison St.

Port Hadlock, WA 98339

(360)437-4172 office

(206)331-7851 cell phone

"I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel." ~ Maya Angelou

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