[WSBAPT] Disposition by Affidavit question

Mon Feb 3 15:47:00 PST 2014

I agree with Kristina, though I'd note that invoking RCW 11.76
necessitates a court filing--yuck. One thought as an alternative--if she
doesn't want to go through that hassle, how about drafting the
small-estate affidavit so she only receives her half? Leave the other half
in the hands of the bank, and let them deal with the unclaimed property
requirements. That avoids the whole issue of getting the sister appointed
as agent for the absentee beneficiary. Without actual authority from the
brother, or appointment by the court to be his agent, I don't think the
sister can lawfully take custody of her brother's half of the funds.

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 listserv.nethelps.com
[mailto:wsbapt-owner at listserv.nethelps.com] On Behalf Of Ash, Kristina M.
Sent: Monday, February 03, 2014 3:30 PM
To: Amy Pivetta Hoffman; 'WSBA RPPT Probate & Trust Discussion Forum'
Subject: RE: [WSBAPT] Disposition by Affidavit question

Hello Amy,

This is an issue that I’ve been rather concerned about lately.  Although I
haven’t looked into complications with small estate affidavits, in general
RCW 11.76.200-245 govern what happens to absentee beneficiaries.  Unless
there is an exception for small estates, I believe these statutes would
apply to your situation.  Under RCW 11.76.200, an agent is appointed by
the court for the purpose of representing the absentee.  The agent
receives the property.  If unclaimed for three years, any property that is
not cash is sold, expenses paid and the remainder is paid to the county
treasury.  The absentee beneficiary has another four years to claim the
cash from the treasury, then if still unclaimed, the other beneficiaries
have 90 days to claim the property.  RCW 11.76.243.  Any unclaimed
property after the property has been held with the county treasury for
four years and 90 days goes to the DOR.  RCW 11.76.220.

Seems pretty unfair, but there it is.  If sister wants the property, she
must basically wait seven years then she has 90 days to institute probate
proceedings.  Otherwise, brother has seven years to claim it.

Perhaps others have different thoughts?

Kind regards,

Kristina

Kristina M. Ash | Attorney
STOEL RIVES LLP | 600 University Street, Suite 3600 | Seattle, WA
98101-4109
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From: wsbapt-owner at listserv.nethelps.com
[mailto:wsbapt-owner at listserv.nethelps.com] On Behalf Of Amy Pivetta
Hoffman
Sent: Monday, February 03, 2014 11:58 AM
To: 'WSBA RPPT Probate & Trust Discussion Forum'
Subject: [WSBAPT] Disposition by Affidavit question

All,

I am helping a successor through a quick disposition by affidavit of her
mother’s estate per Chapter 11.62 RCW.  Daughter successor has a deadbeat
brother in CA whose only contact info is a PO Box.  I mailed him a nice
explanatory cover letter and Authority to Claim on Behalf of Successor
form with a request to respond within 10 days.  Daughter successor and
brother are only heirs.  

What happens if he doesn’t respond?  Does she have to hold onto his share
and if so, for how long?  Does he forfeit it at any point?    

Amy Pivetta Hoffman

Attorney at Law

Ph. 253.720.3020/F. 253.200.0855

PO Box 73040, Puyallup, WA  98373

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