[WSBAPT] RCW 11.05A.050

[Marcus Fry]

I wouldn’t call it a probate, but I had a situation where elderly man had been missing and we petitioned under 11.80 RCW to administer his estate.  We would have administered under the DPOA, but we ran into a situation where a title insurance company knew that he was missing and possibly deceased and was unwilling to accept the DPOA.  After 7 years, we closed the absentee estate and obtained a death certificate from the coroner.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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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: Tuesday, January 16, 2018 11:57 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] RCW 11.05A.050

Amy:

Not yet. Came close twice. Once a wife who’s husband disappeared hiking in the Olympics, but nothing came of it. She kept operating under the DPOA that contemplated disappearances.

The other time on a decedent whose remains were eventually found in the Oso landslide.

John Sullivan
Sent from my iPhone

On Jan 16, 2018, at 11:19 AM, Teunis J. Wyers <teunisj at wyerslawpc.com<mailto:teunisj at wyerslawpc.com>> wrote:
Please reply to list.

On Tue, Jan 16, 2018 at 10:51 AM, Amy Allison <aallison at andersonhunterlaw.com<mailto:aallison at andersonhunterlaw.com>> wrote:
Has anyone ever had to have a missing person declared dead under RCW 11.05A.050(4) in order to probate the estate?  I’m interested in how to initiate the proceeding.  “Decedent” has been missing for about 6 months.   There is circumstantial evidence that he may have been suicidal.

Amy C. Allison
Anderson Hunter Law Firm, P.S.
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