[WSBAPT] death of beneficiary

[Dalynne Singleton]

If brother had no will and has 3 adult children with no spouse, then the monies need to be paid to his estate.
The 3 children will need to figure out if they can file a small estate affidavit to collect those monies or if his estate needs to be probated.
In distribution, the sister should write his distribution share to his Estate not his 3 children.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Monday, January 29, 2018 8:27 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] death of beneficiary

Listmates,

I have a probate that is ready to be closed, but one of the two beneficiaries just died.  He did not have a will.  He has three adult children.  His sister is the PR/other beneficiary.  Can she simply distribute his share to his children in equal shares, or does there need to be a TEDRA?  I have been thinking that since he survived his mother, and thus his share vested in him, his kids are not “interested parties” in the probate of which he is a beneficiary, so they would not need to be involved in a TEDRA, which leaves just the sister/PR - and why would she need to make an agreement with herself.  She and I would like to do the simplest thing that still protects her.

Thank you,

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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