[WSBAPT] Notice of Filing Decl of Compl to Missing Heir

[Krista MacLaren]

Thanks to Jeff, Sam and Donna, I appreciate all of your comments!  I was
inclined to not worry about her, because of the standing issue.  I just
didn’t want to blow it at the end.

Krista MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116

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On Jun 26, 2014, at 4:21 PM, Donna Calf Robe <DonnaC at dussaultlaw.com>
wrote:


Krista,
It’s been a long time since I’ve had this issue come up, but I seem to
recall that if heir doesn’t receive notice of the probate then she is not
prevented from contesting validity of Will later.  I think what you are
supposed to do is get an order for permission to serve her with notice via
publication.  Then you don’t need to worry about giving her notice of the
closing because she doesn’t have anything coming to her via the Will,
which she did not contest, and is barred from doing so in the future.  I
don’t have time to find the cites, sorry. 
 
Donna
 
Donna M. Calf Robe
Attorney at Law
2722 Eastlake Avenue East, Ste 200
Seattle, WA 98102-3143
206-324-4300, ext. 113
206-324-3106 (fax)
 <mailto:donnac at dussaultlaw.com> donnac at dussaultlaw.com
 
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf OfKrista MacLaren
Sent: Thursday, June 26, 2014 2:55 PM
To: wsba probate & trust
Subject: [WSBAPT] Notice of Filing Decl of Compl to Missing Heir
 
2nd Try Posting:
 
Dear Listmates,
 
At the beginning of a probate that started in 2008 we did extensive
searching for the sister of the PR, (they were the only two heirs), who
had left her spouse and kids some 15 years earlier and failed to show up
to one arranged meeting with her daughter.  No one in the family had  a
lead on an address.  We did a person search through an online company and
sent notice of pendency to all 8 of her last known addresses.  No one has
heard from her throughout the probate, and her brother is certain she does
not want to be found.  We are finally able to close the probate.  
Question:
Do we need to re-conduct a search for her to provide notice of the
closing, or can we just provide a declaration of the search that was
previously done, and that no one has heard from her?  The decedent had a
will that gave everything to the PR, so it was never a matter of her
receiving something.
 
Thank you for your thoughts!
 
 

 

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com

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