[WSBAPT] naming heirs in petition for probate of testate estate
Philip N. Jones
pjones at duffykekel.com
Fri Sep 14 09:52:38 PDT 2018
When I say “closest living relatives,” that is the term I use when talking to the client. What I really mean is intestate heirs, or people who will lead the probating attorney to the intestate heirs. It’s like dropping breadcrumbs in the forest for the probating attorney to follow.
Phil Jones
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, September 14, 2018 9:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] naming heirs in petition for probate of testate estate
Great points Phil. I hadn’t thought about forcing the testator to list the nearest relative, even if not receiving under the will.
[cid:image001.jpg at 01D44C10.AA8B2360]
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 Philip N. Jones
Sent: Friday, September 14, 2018 9:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] naming heirs in petition for probate of testate estate
Since Brent asked for other pointers, here goes: All of this explains why every drafting attorney needs to ask the testator who her closest living relatives are, and they should be actually listed in the will, as a road map for the probating attorney. Yes, every client needs to hear the explanation of why we do this, since they will wonder why distant relatives are being listed in a will that goes 100% to charities or to other people. Very important.
Warning: War Story Follows! An attorney once asked that question, and the testator answered, “I have no family.” Attorney did not press the point. Everything went to charity. I represented the charity, and I probated the will. I spent eight hours one day trying to find relatives to get notice. At the end of the day, I found myself on the phone talking with the decedent’s estranged identical twin brother. Everyone has a family.
Phil Jones
Portland, OR
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Friday, September 14, 2018 9:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] naming heirs in petition for probate of testate estate
Good Morning Rod -
I send the notice to heirs etc. because I always seek to obtain non-intervention powers. My read of 11.68.041 states that I don't have to send ADVANCE notice (which I read as to mean, I still need to send notice after I get the letters) if I am getting the powers pursuant to 11.68.011. For me the hinge on the insertion of the word advance means that the legislative intent is that there would still be notice provided, just not before getting the letters issued.
Granted, I take a belts and suspenders approach in that, in my cases, there hasn't been any reason why people who received notice would object and thus I am simply ticking the box off and closing down any potential objection that may be raised.
Open to other practice pointers or suggestions!
Brent
On Fri, Sep 14, 2018 at 8:46 AM, Rod Harmon <rodharmon at msn.com<mailto:rodharmon at msn.com>> wrote:
Is there a statutory basis for naming the heirs at law and their relationship to the decedent in a petition for probate of a will? I am about to probate the will of an elderly decedent who left all of her substantial estate to charity. She was an only child, her parents predeceased her, and her best friend, who is the PR, says she never talked about her relatives and left no records of them in her belongings. So, where does it say I have to identify the heirs in the petition?
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Maureen Wickert
Sent: Thursday, September 13, 2018 4:11 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Referral Request - Portland Attorney
Carrie,
You can find a quality elder law attorney through National Academy of Elder Law Attorneys. https://www.naela.org/findlawyer<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.naela.org%2Ffindlawyer&data=02%7C01%7C%7C3f1908cec2c04e16118808d619cf672c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636724775905782437&sdata=O331bJ5F3V0bqYfPsSB5py2Ap7SCpNq07zgt%2B3bX42A%3D&reserved=0>
There are several in the Vancouver area who may be able to help too.
Very truly yours,
Maureen A. Wickert, Attorney at Law
[Business card for email]
14900 Interurban Avenue South, Suite 255
Tukwila, WA 98168
Phone: 206-859-5502
Fax: 206-260-9005
www.wickertlawoffice.com<https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wickertlawoffice.com%2F&data=02%7C01%7C%7C3f1908cec2c04e16118808d619cf672c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636724775905782437&sdata=l6EsaF3ZG2AAl6LSgdBTIJyfyCN0iZbqrs7VumCaB1Y%3D&reserved=0>
wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>
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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 Carrie M. Kovacevich
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Subject: [WSBAPT] Referral Request - Portland Attorney
I am seeking a referral for an estate planning/elder law attorney in Portland, Oregon.
Issues may include guardianship and Medicaid planning.
Thank you.
Carrie
Carrie M. Kovacevich
Attorney at Law
Lakeview Law, PLLC
1001 4th Avenue, Suite 4400
Seattle, Washington 98154
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Brent Williams-Ruth
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