[WSBAPT] Decedent gift being disputed by heir

[Dalynne Singleton]

I have a client who is the Administrator of an Estate.  The decedent (no Will) was a close friend and he had Lou Gehrig's disease and the last few months of his life were horrible.  He lived alone and my client/Administrator assisted him a lot.  The decedent was unable to feed himself or write.  He told her and 2 others that he wanted her to have his van which was worth $35,000 when he died.  He did not sign over title to her.

I have obtained declarations from the 2 witnesses to the "gift" and the brother of the decedent (who is in prison in Arizona) is his only heir.
The brother doesn't want the Administrator to have the van.  He wants it sold and he wants the money.  There are no debts but minimal monies to provide to brother.  Personal property is being given to the brother's son in AZ for safekeeping for brother.

I haven't run into this issue and my thought is to make a motion in the probate estate to present the evidence of the 2 declarations and ask for the court's order re: gift of van to Administrator.  But, in doing this, I know if I provide notice to the brother in prison, he can't appear.

Anything else I can or should do?

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
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