[WSBAPT] Decl. of Completion sent to named beneficiaries (who received their inheritance under will) AND heirs who received nothing?

Tue May 27 12:01:46 PDT 2014

As with Eric’s recommendation, only as to those who actually have a vested
interest as a current beneficiary that were to receive a distribution from
the estate or that would be adversely impacted by the Closing. At least
that’s the way I understand it from the WSBA Probate Deskbook, Chapter
5.5. 

You don’t have to give notice if all of them waive notice. I like to have
them all sign a Receipt for their distributive share and include within
that a waiver of notice of Declaration of Completion. 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, May 27, 2014 11:45 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Decl. of Completion sent to named beneficiaries (who
received their inheritance under will) AND heirs who received nothing?

I have always interpreted "heirs" as the intestate heirs. A grandkid isn't
an "heir" unless her/his parent is deceased; only the closest living
relative in each bloodline is an "heir."

So, I'd only send notice to the three beneficiaries named in the Will,
plus surviving spouse if any.

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 Heather Kolbly
Sent: Tuesday, May 27, 2014 11:39 AM
To: wsbapt at lists.wsbarppt.com; 'WSBA RPPT Probate & Trust Discussion
Forum'
Subject: RE: [WSBAPT] Decl. of Completion sent to named beneficiaries (who
received their inheritance under will) AND heirs who received nothing?

Hi All,

I am closing up my first “normal” probate – solvent estate, clear Will
with no bond and nonintervention powers.  We are ready to file the
Declaration of Completion and send out Notice of Completion to
beneficiaries.  I notice it says in the documents I have that the “heirs
or beneficiaries who remain entitled to distribution from the estate” are
the people who are entitled to Notice of probate closing.  There are 3
named beneficiaries in the Will of decedent father.  All three are the
only children of decedent.  The remaining heirs (who were not named in the
will) are all grandkids.  Can I just send Notice of Filing of Decl. of
Completion (with the Decl. of Completion) to the three named Ben’s, or do
I need to send it to ALL Ben’s and Heirs, whether or not they were to
receive anything under the Will?

Much thanks,

Heather Kolbly

Kolbly Law Firm, P.C.

peace of mind through planning

Wills  - Trusts - Powers of Attorney - Medical Directives 

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Heather Tobin Kolbly

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Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

Office:  (425) 522-4234 s Cell:  (425) 444-1888 

 <mailto:Heather at KolblyLaw.com> Heather at KolblyLaw.com

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jenna Brozik
Sent: Sunday, May 25, 2014 10:06 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] QTIP TRUST

Listmates,

I have drafted a living trust that includes a QTIP trust as well.  The
couple is married and they both have children from a previous marriage.
The goal is that if the husband dies first, that the wife be able to use
the income from his trust (The Decendent's Trust or Husband's Trust) and
when the wife passes away, the remainder of his trust shall go to his
children from a previous marriage.  This all works with a QTIP trust.
However, there needs to be a trustee of the Husband's Trust.  The husband
does not trust the wife to leave money for his children.  Therefore, he
was going to name his son as the trustee of his trust (The Husband's
trust) when he passes away.  The husband and wife remain trustees of the
living trust while they are both alive.  The son is also a beneficiary of
the Husband's trust.  This does not seem like an ideal situation.

Does anyone have suggestions?  I suggested that the parties have a bank
trustee who is a neutral party but they did not want to spend the money to
do that.  

Thanks,

Jenna Brozik

Attorney at Law

Prinz & Brozik PLLC

445 S Grand Ave

Pullman, WA 99163

(509)338-0908 / (509) 338-3527 (fax)

jennaprinzlaw at gmail.com

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Bar Association nor its officers or agents. 

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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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Information provided on this list should not be considered legal advice.
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Bar Association nor its officers or agents. 

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