[WSBAPT] Opinion Letter for Small Estate

[Kerry Richards]

Dear Jeff:

It would be interesting to know what the lawyer in New York is charging
for his distribution.  An opinion letter would seem to be superfluous.
The statute is clear and unambiguous.  If he/she is uncomfortable, perhaps
another conduit can and should be arranged for this payment.  It may be
the agent for the deceased needs to be involved or the publishing house if
there is no agent.  Those persons would be required to transmit directly
to the heir.  The heir now owns the copyright and can direct who is the
agent, etc.  Inquiry of the agent's work may reveal the need to change as
the copyright may have a greater market available, and the agent is just
content to sit on what the property is generating at this time.  At the
end of the day, with all the questions you could raise they may be happy
just to rely on your request for honoring the small estate affidavit.

 

Yours truly,

 

Kerry A. Richards

_____________________

Bradshaw & Richards, P.S.

3302 Fuhrman Avenue East, Suite 202

Seattle, WA 98102

Phone: (206) 622-3444

Fax:  (206) 622-3007

Email:  <mailto:KRichards at brad-rich-law.com> KRichards at brad-rich-law.com

Web:  <http://www.brad-rich-law.com/> www.brad-rich-law.com

 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Thursday, February 06, 2014 8:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Opinion Letter for Small Estate

 

Listmates:

I am trying to transfer copyright royalties to a surviving spouse  via the
small estate affidavit.  New York counsel is in charge of distributing
royalty payments to heirs of the copyright holder.  I submitted the
Affidavit and Claim to him, along with the death certificate of the former
payee.  He was only somewhat familiar with the small estate proceedings,
so I also sent pertinent sections of the RCW to him for his review.

He is now requesting a full opinion letter to protect himself as
fiduciary.  The royalty payments amount to perhaps $700 a year.  It's hard
for me to justify the expense of an opinion letter to my client for that
kind of money.

Have any of you run into this before?

Thank you, in advance, for your thoughts.

Jeff Winter

Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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