[WSBAPT] naming heirs in petition for probate of testate estate
Candace Wilkerson
cwilkerson at wongfleming.com
Fri Sep 14 11:07:12 PDT 2018
Interesting discussion. I may go a little overboard in notification myself; I recently probated a will of a single man who left everything to one of his two sisters (he also had a brother). I had drafted his will and made sure to say he deliberately omitted one sister and his brother from inheriting, because he was quite clear on this.
Initiating probate, I sent notice both to the disinherited sister and to the wife of the brother, who had died shortly before the death of my decedent. Maybe it wasn’t necessary to notify the surviving wife, but I wasn’t sure.
Candace
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Philip N. Jones
Sent: Friday, September 14, 2018 10:27 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] naming heirs in petition for probate of testate estate
Drawing a family tree is an excellent idea.
But putting the closest living relatives somewhere other than in the will does not help much. The names and the cities of the residence are usually enough to allow the probating attorney to find the people, especially today with the internet. Addresses and phone numbers are usually not needed, unless the name is Phil Jones or Bob Smith. And there is usually nothing confidential about a relative’s name and city of residence. And you usually have your client’s implied permission to release that information if it helps with the probate, which is why your client gave you the information in the first place. So I vote for sharing at least some of that information in the will itself. And if some other attorney calls me and says my client died and he represents the daughter who is named in the will as PR and he gives me the date of the will, I will gladly share that family information with the attorney right away, without waiting for an appointment. It is a service to your client and his family. But I probably won’t release the rest of the file.
Of course, none of this is really necessary in most cases where the testator has a spouse and three children. But if the client lacks a nuclear family, these steps become really important. The minute a single client with no children walks in the door, alarm bells should go off.
Phil Jones
Portland, OR
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Friday, September 14, 2018 10:07 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] naming heirs in petition for probate of testate estate
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
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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] 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<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
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Attorney at Law
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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
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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
Sent: September 13, 2018 10:43
To: 'WSBA Real Property, Probate & Trust Section' <wsbapt at lists.wsbarppt.com<mailto: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
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