[WSBAPT] Escheat and the State

[John J. Sullivan]

James:

Not involving a PR claim. 

I’ve had two where the state had a potential interest. 

One was a Medicaid lien in an estate that was insolvent after the PR and attorney fees were paid. They required a sworn inventory. 

The other was a revocable trust with no residuary clause and the heirs were specifically excluded, so theoretically there would’ve been an escheat. As I recall, the trustee and the numerous specific beneficiaries brought a judicial TEDRA to adopt a residuary Clause analogous to the pattern of the specific bequests. You might ask Mary Anne Vance. She represented the trustees. I don’t believe the AG put up much of a fight. 

Trivia - the decedent had been a jingle writer in Hollywood. Old folks might remember his jingle “Brylcreem - a little dab’ll do ya.”

John J. Sullivan

Sent from my iPad

> On Nov 17, 2017, at 12:54 PM, James W. Spencer <jamess at brothershenderson.com> wrote:
> 
> Greetings Collective:
>  
> Has anyone had any experience working with the State in a matter where there are no heirs and no will, and where the PR may assert a large creditor’s claim against the estate? The claim, if approved by the court, may wipe out any of the State’s interest in decedent’s property.
>  
> I’m wondering how aggressive the State of Washington gets in situations like these. Any insight would be appreciated so that I can help the client make informed decisions.
>  
> Thanks,
> James
>  
> James W. Spencer
> Attorney at Law
> Brothers & Henderson, P.S.
> 2722 Eastlake Avenue East, Suite 200
> Seattle, Washington 98102
> Phone: (206) 324-4300 x106
> Fax: (206) 324-3106
> e-mail:  jamess at brothershenderson.com
> www.brothershenderson.com
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