[WSBAPT] Affidavit of NP

[Eric Nelsen]

I think it is an "inclusive or" meaning that all persons in either category must receive notice - in the same manner as is required when a Will is submitted for probate.

Re "parent/siblings" notice, you're probably just being brief in the email, but only one of those categories would be intestate heirs at a time. If there is a living parent, then the siblings receive nothing. RCW 11.04.015(2)(b).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
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 Lisa E Schuchman
Sent: Wednesday, September 20, 2017 9:51 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] FW: Affidavit of NP

Hi, listmates,

My decedent had a will that left everything in equal shares to a friend and a charitable organization.  (Her probate estate was minimal.)  RCW 11.62.010 says that the successor has to give written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent.  RCW 11.62.005 says that successors include "persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession."  Does that mean that all parents/siblings have to receive notice or is it an either/or?  If yes, what would the Notice look like?

Thanks for your thoughts on this.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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