[WSBAPT] naming heirs in petition for probate of testate estate

Fri Sep 14 10:07:07 PDT 2018

Yes, there is a statute. You send notice to the people named as beneficiaries of the Will, and also to the heirs at law:

11.28.237 (1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.

11.02.005 (6) “Heirs” denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilsonhoss.com
rob at hctc.com

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

From: 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
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> 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

     Fax:  (425) 458-9096

     <http://www.rodharmon.com> www.rodharmon.com

    <mailto:rodharmon at msn.com> rodharmon at msn.com

From: 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>
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

This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Carrie M. Kovacevich
Sent: September 13, 2018 10:43
To: 'WSBA Real Property, Probate & Trust Section' <wsbapt at lists.wsbarppt.com>
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

Office:  (206) 367-6962

E-mail:  carrie at lakeviewlaw.com

Web:  www.lakeviewlaw.com <https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lakeviewlaw.com%2F&data=02%7C01%7C%7C3f1908cec2c04e16118808d619cf672c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636724775905782437&sdata=mgUtuQXOCR2rfLupREYkD9u4R6C985TN8DLFammeNRg%3D&reserved=0> 

This e-mail message (including any attachments) may contain Privileged/Confidential Information that is intended only for the addressee.  If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), please immediately notify the sender by reply e-mail or call 206-367-6962 and delete this message and attachments, if any.  We appreciate your assistance in correcting this matter. 

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 

Brent Williams-Ruth 
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail <mailto:brent at bwrconsults.com>  / website <http://www.bwrconsults.com>  /  <http://www.facebook.com/bwrconsults> facebook 

---
This email has been checked for viruses by AVG.
https://www.avg.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180914/265e9f9d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2703 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180914/265e9f9d/image001.jpg>