[WSBAPT] Small Estates Affidavit Questions

[Jayne Gilbert]

It seems that your client has two choices:

       1. Give notice and collect your client's share after the 10 days
have passed-which is really what the 10-day                       notice
is all about in my opinion (your client's intent to take whatever % of the
funds he is claiming-so the                     other beneficiaries have a
chance to challenge the proposed disbursement to your client, if they have
cause)
           which in the end will result in client getting his share and the
charities left themselves to collect their portion of             the funds
on their own; or

       2.  Send them notice and ask if they would like your client to
collect their share and disburse the funds
            through your trust account as you described. There are forms on
the website for Small Estate affidavits that                  the other
Beneficiaries can appoint your client to receive their amount and disburse
back to them.

In a nutshell your client is only required to do the 10-day notice and once
that has expired he/she can claim the monies due to him/her without a duty
to anything more

On Mon, Apr 2, 2018 at 3:16 PM, Douglas Bratt <djbratt at mbavancouverlaw.com>
wrote:

> Listmates:
>
>
>
> I have a question regarding the requirements of RCW 11.62.010, the Small
> Estates Affidavit Statute.
>
>
>
> It appears that when one signs a Small Estate Affidavit, there is a
> requirement in RCW 11.62.010(i) that the Claiming Successor has obtained
> “written authority” of “all other successors” to take full payment or
> delivery” of the account in question.  However, what then is the purpose of
> giving ten (10) days’ notice to the other successors [per RCW 11.62.010
> (h)], if there cannot be a taking of the entire account without securing
> written authority of all other successors [per RCW 11.62.010(i)]?
> Additionally, nothing in that sub-section states what a recipient of such
> notice can do in response to such notice.
>
>
>
> In my case, there are two major recipients due to receive the account
> proceeds (one of whom will be signing the Affidavit as the Claiming
> Successor.  This person was also designated PR in the Decedent's Will.),
> constituting 93% of the account.  Three charitable organizations are to
> receive the other 7%.
>
>
>
> My intention was to let the Claiming Successor secure the entire account
> proceeds, place all funds in my trust account, and to then distribute trust
> account checks to the two major recipients, and three small trust account
> checks to the three charities, in the appropriate percentages.
>
>
>
> Or, do I have to get written authority of all four of the other
> successors, before I can arrange for my “Claiming Successor” client to
> claim the entire account, for all five recipients.  What if I am unable to
> get one such signature?  (This would be an acute problem if one of the
> recipients was a black sheep member of the family who had not been seen or
> heard from for 25 years.)
>
>
>
> Any thoughts?  Or, how about a two-by-four to my head if I am simply
> miss-reading the sub-paragraphs in question?
>
>
>
> Thanks for any responses.
>
>
>
> Best Regards,
>
>
>
> Doug Bratt
>
>
>
>
>
> Douglas J. Bratt
>
> Lawyer
>
>
>
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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