[WSBAPT] ethics/risk of delay of probate

[Krista MacLaren]

Hi Listmates,

I recently met with a PC who is one of two brothers, only heirs of their recently deceased mother’s estate.  The PC lives in mom’s house, and has for his whole life, as far as I can tell - he is 60 years old.  He pays taxes and maintenance, no rent.  The brother disappeared about 4 years ago, and PC says he has no idea where he may be but presumed alive.  PC naturally wants to stay in mom’s house as long as possible, but realizes the house would need to be sold to split the estate with brother.  

I would like to advise PC on the risks and benefits of doing nothing until brother shows up, versus opening probate and letting it stall out until brother shows up, versus opening probate and affirmatively searching for brother (which would probably force PC out of house sooner).

I was initially inclined to open the probate and conduct at least a cheap online person search for brother, but since PC actually wants to delay, is it better not to get involved at all?  To tell him to file the Will only and worry about a probate later? Ethically, is it different if I am advising PC as a beneficiary only, as opposed to a potential PR?  Brother is actually named as PR in the Will, PC is alternate, but PC presumed he would serve as PR.

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 me.com

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