[WSBAPT] Small Estates Affidavit Questions

[Eric Nelsen]

I read RCW 11.62.010(2)(i) in tandem with the part of RCW 11.62.010(1) that says, "...or so much of [the property] as is claimed..." So, if my client is entitled to one-fourth of the account, I make the claim for only one-fourth, and give notice to the other successors.

In your scenario, if my client is going to collect the entire account for themselves and other successors, then I have the other successors sign something confirming that they agree that my client can act as their agent for purposes of receiving their share of funds and redistributing it. (And, as my client is not bonded in this situation, I typically draft the Affidavit to make sure that any money is payable to my trust account so I can make sure no funds go astray.) I might include an indemnity provision to protect the client.

If there is a black sheep successor who will not cooperate or cannot be found, then I leave their share with the property holder and only do the Affidavit as to the cooperating successors. My thought is, if the black sheep does not want her/his money, then my client does not want the headache of ending up as custodian for it.

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 Douglas Bratt
Sent: Monday, April 02, 2018 3:17 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Small Estates Affidavit Questions

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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