[WSBAPT] Interesting probate questions...

[Eric Nelsen]

1. The (original?) Will was filed, but has it been proved, meaning the court entered findings and an order accepting it as the valid Will of decedent? See RCW 11.20.020 et seq.<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20&full=true#11.20.020> If not, it has no effect (yet). The PR remains PR until the court cancels its Letters, so your firm isn't out until the Court says so. Since the named Executrix can't take over (I'm guessing there is no alternative named in the Will either), I'd suggest petitioning the court to accept the Will, specify that the named Executrix can't serve, and propose that your firm remain as PR and change your status from Administrator to "Administrator with Will Annexed." See RCW 11.28.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.150>.

2. I think the duty is not to actually serve everyone, but only serve everyone whose locations are known or can be determined with due diligence. I know RCW 11.68.041<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.041> doesn't say that (compared to RCW 11.28.237<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237>), but it's just not practical otherwise. The critical thing is for the PR to exercise due diligence. If the missing heir stands to inherit a substantial amount, it might be worth it to hire an heir search company (could be $5000 or more) or an investigator, to locate the missing.

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 Christopher Small
Sent: Friday, May 11, 2018 3:49 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Interesting probate questions...

Would love some ideas for how to proceed on this one. Here are the facts.
My firm was named as PR for an estate in order to get some real estate sold. No non-intervention powers granted (as of right now). Family of decedent is okay with us acting as PR. BUT, in the course of things, the decedent's will was discovered. It names a daughter as PR BUT she is unable to be the PR for medical reasons.
Here are my questions...
1. The will has been filed. Does that end our responsibility as PR? If it does, will the probate now just sit open with no PR named (if we do not re-petition the court)?
2. How do you serve an heir you can't find for purposes of requesting non-intervention powers (a daughter is MIA - we tried last address, etc. to no avail)?
I've tried working my way through the statutes and have some ideas of what to do but would love any and all advice you all could give.

It's one of those cases where more and more strange things keep happening.
Thank you for your help!

Christopher Small
CMS Law Firm LLC<http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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