[WSBAPT] Escheat and the State

[James W. Spencer]

Greetings John:

Thanks for the information.

As to the decedent referenced below, I hope he got residuals!

Have a great Thanksgiving,
James

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Friday, November 17, 2017 10:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Escheat and the State

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<mailto: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<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com>
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The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

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