[WSBAPT] naming heirs in petition for probate of testate estate
Eric Nelsen
Eric at sayrelawoffices.com
Fri Sep 14 11:21:05 PDT 2018
Rod--For what it's worth, my forms all list the heirs in the petition as well. But I don't know of any direct statutory requirement to do so, when there is a Will. Some caveats and thoughts:
1. Even with a Will you still at least have to state whether or not there is a surviving spouse, so the court can determine whether or not you have to give advance notice to the surviving spouse under RCW 11.28.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.030>.
2. If there's no Will you certainly do have to list heirs in the petition, per RCW 11.28.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.110>. If it's within 40 days of date of death and your petitioner isn't in the preference list, you have to at least indicate that there are no next of kin who would receive a preference, per RCW 11.28.120<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.120>.
3. When you do file proof of service of the Notice of Appointment on the heirs, you have to indicate that you've complied by sending notice to "all heirs, legatees, and devisees...known to him or her"--so even if it's not in the petition, your proof of service is a declaration under oath/perjury that those are the known heirs. So instead of putting the perjury/oath burden on the office flunky who mails out the Notice of Appointment, maybe it's better as a matter of practice to put the petitioner under oath on what petitioner's knowledge of heirs is. That's probably a reasonable protection against liability for the attorney.
I suspect that everyone's forms to appoint a PR start with the Petition for Letters of Administration, which does list all the heirs; and then it gets adapted for appoint a PR under a Will, and nobody bothers to remove the listing of heirs even if it's not, strictly speaking, required.
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 Rod Harmon
Sent: Friday, September 14, 2018 10:30 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] naming heirs in petition for probate of testate estate
I agree that I have to send notice of the pendency of probate to known distant heirs after the will is admitted to probate. RCW 11.28.237(1). And it seems to me that I ought to make some prudent effort at locating them because they would take if the will were successfully contested, and the 4 month clock is ticking once the will is admitted to probate. And it probably helps to list the heirs in the petition for purposes of making sure there is a list somewhere of the persons to whom to send notice of pendency of probate, and if any of them are minors requiring a GAL. What I was looking for was any statutory requirement to include such a list in the petition for probate and nonintervention powers filed by a person named in the will as PR. There seems to be no such requirement. I assume a paragraph for that information is included in the forms I see, and have been using for years, so that the form can be used when the petitioner is not named as PR in the will.
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com<http://www.rodharmon.com>
rodharmon at msn.com<mailto:rodharmon at msn.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilsonhoss.com<https://eur01.safelinks.protection.outlook.com/?url=www.hossandwilsonhoss.com&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504827225&sdata=6z98RgKV9o9W19Z8JeTzNGoS5sZadr9qvVrKMQ3MyZw%3D&reserved=0>
rob at hctc.com<mailto: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> [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
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rodharmon.com&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504983478&sdata=q1mEQgPJ960rkvDYOnralfbozm5sWdO5UiWGrsHPNcI%3D&reserved=0>
rodharmon at msn.com<mailto:rodharmon at msn.com>
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>
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<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
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<mailto: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<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbapt&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504983478&sdata=xid8Yprv0uhfwNOMIKAm%2FOycCvNi8t4cjd1004TKYXw%3D&reserved=0>
--
Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail<mailto:brent at bwrconsults.com> / website<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bwrconsults.com&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504983478&sdata=swKaA%2BM1NxKdMNHLIpZwzg42jsitrzmFSP0gOWf84EI%3D&reserved=0> / facebook<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbwrconsults&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504983478&sdata=UcJieIz761FgrFATdCXZWolKIN%2B4FeiV%2Bp2D%2Bz%2BCpZ4%3D&reserved=0>
________________________________
[AVG logo]<https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avg.com%2Finternet-security&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504983478&sdata=Bpocu3c01GSgloWxZ6DVtF8w9YXCMTItQA6xs%2BSSBSA%3D&reserved=0>
This email has been checked for viruses by AVG antivirus software.
www.avg.com<https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avg.com%2Finternet-security&data=02%7C01%7C%7Cac23d74c788241a52d7008d61a65b74a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636725421504983478&sdata=Bpocu3c01GSgloWxZ6DVtF8w9YXCMTItQA6xs%2BSSBSA%3D&reserved=0>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180914/ee562f2b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2703 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180914/ee562f2b/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 2217 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180914/ee562f2b/image002.png>
More information about the WSBAPT
mailing list