[WSBAPT] Due diligence to find heirs in lost Will scenario

[Eric Nelsen]

Will was not intentionally destroyed because we can demonstrate, after the Will was executed and up through the last month of decedent's life, a regular pattern of donative gifts to the same charities as are named in the Will. There are a few other circumstantial points but that's the main argument: Decedent maintained same beneficial intent consistently after the Will was executed.

Virtual representation of the brothers by the sister who gets notice might work under RCW 11.96A.120(5)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.96A.120>, but only if the brothers' locations are unknown and "not reasonably ascertainable," which gets me back to the same problem--whether I've done enough to locate them.

A few people have replied offline with some search options; I may just do a bit more digging.

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-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Tuesday, May 19, 2015 6:36 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Due diligence to find heirs in lost Will scenario


Virtual representation come into play?  How are you showing the Will was not intentionally destroyed?
On May 18, 2015 3:05 PM, "Eric Nelsen" <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:
Decedent was born Japanese, married an American serviceman in 1950s and moved to the US, became a US citizen. Husband died decades ago. No children. According to her 50-year-old immigration papers, she had three brothers and a sister in Japan. Our understanding is that she was excluded by her family after marrying an American.

We have an address for sister in Japan but zero information on the brothers--we don't even know if they are living. Decedent did have some minimal contact with sister's daughter, and we've managed to contact that niece to ask about the status of her uncles, but no response.

Decedent's Will leaves everything to charity, except for a minor gift to the sister. So all three brothers and/or their descendants are disinherited by the Will.

Final wrinkle: A lost Will! So I will have to prove a copy and give prior notice to all heirs at law. It's a solid Will with self-proving affidavit and I have the witnesses available. I have no qualms or concerns about the validity of the Will.

Under these circumstances, I'm inclined to regard the "due diligence" as satisfied, mention the possible existence of disinherited brothers in the petition, but not search further for them. Effectively, I'll be giving notice to the sister, but not the brothers, in order to prove the lost Will.

What do y'all think? Have I gone far enough, or do I need to do more to identify whether brothers are living or if deceased who their descendants might be?

Sincerely,

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


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