[WSBAPT] Intestate Heirs

[John Creahan]

Hi Krista,
Interesting question, and one I’ve never dealt with.
My guess, for what it’s worth, is that you don’t give notice to the “Estate of [now deceased surviving spouse],” but instead to “Robert Smith, as personal representative of the Estate of [now deceased surviving spouse]” – which means you will need to open the surviving spouse’s probate before you can have a successor PR in the first probate.
My $.02.
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Saturday, January 20, 2018 7:01 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate Heirs

Dalynne,

Just to clarify, in the petition for the successor PR, would you list only the now deceased surviving spouse as the heir?  I put “Estate of [now deceased surviving spouse]”, and then I put “Heirs of [now deceased surviving spouse]” and listed them also, just to cover my bases, but I feel like that surviving spouse is still the heir of his wife’s estate.  It really matters, because the petitioner could only receive non-intervention powers by providing notice or getting consents from any heirs, and we are in a bit of a hurry and don’t want to give notice, so I need to get consents from the right people.  I thought I should err on the side of getting consents from the intestate heirs of the second-to-die spouse.  What do you think?   And I appreciate you taking the time to reply!

Krista


On Jan 20, 2018, at 6:47 PM, Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>> wrote:

The heir of the first decedent is the surviving spouse. Unless the surviving spouse died before thirty days were done after first spouses death, the children of the second one to die will inherit under intestacy.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Krista MacLaren <kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
Sent: Saturday, January 20, 2018 5:29:04 PM
To: wsba probate & trust; Solo and Small Practice Section
Subject: [WSBAPT] Intestate Heirs

Hi Folks,

I hope someone is out there on a Saturday evening.  If someone dies without a Will and is survived by their spouse who is to inherit all, but then before the estate is completed, the surviving spouse dies, then for purposes of appointing a successor administrator and for distributing the assets, is the only “heir” of the decedent the estate of the surviving spouse, or does it also include the (adult) children and children of deceased adult children?

I know that when it comes to probating the surviving spouse’s estate, the heirs will be the children and any children of deceased children, but I am sort of stuck by this scenario where the surviving spouse was the only heir - does it stay that way after surviving spouse’s death for purposes of that first spouse’s probate?

thanks!
Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at me.com<mailto:kjm.inc at me.com>

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