[WSBAPT] Issue where Beneficiary is Unresponsive and Will not Cash Distribution Check issued by the Estate

[Josh Grant]

I have petitioned the court for instructions, and got the court to order one last notice (which explained what was going to happen) to cash issued check, then stop payment and pay the net after payment of the stop payment fee to the court clerk.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Eric Reutter 
Sent: Tuesday, April 02, 2019 5:33 PM
To: wsbapt at lists.wsbarppt.com 
Subject: [WSBAPT] Issue where Beneficiary is Unresponsive and Will not Cash Distribution Check issued by the Estate

Hello fellow listmates,

 

I have encountered a new probate issue. It is a rather unique fact pattern, but here is hoping that someone else has bumped into this type of situation.

 

My question can be summed up as: if a PR files deceleration of completion of probate, waits 30 days without receiving an objection from beneficiaries, and then sends a beneficiary a payment check, but the beneficiary becomes unresponsive and does not cash the check, how do you complete the distribution and close the estate? In other words, how do you get the distribution amount out of the estate bank account if a beneficiary refuses to cash the check or sign a receipt waiver?

 

I did not see much in the RCWs to deal with this odd situation. The beneficiary here is unresponsive, and does not seem to want to cash the check. The thought has crossed my mind to mail a cashier’s check using certified mail, so as to get the funds out of the estate bank account. I suppose depositing the funds with the court may also be an option, but the RCWs dealing with these types of issues typically address an ‘absentee’ beneficiary, rather than a beneficiary who we can locate, but shows no interest in cashing a check.

 

I know it is an unusual fact pattern to have a beneficiary who is not interested in cashing the check, but any thoughts or experiences on this issue would be much appreciated. 

 

Best regards,

 

Eric Reutter

Attorney

DIRECT 206-332-7553



601 UNION STREET    SUITE 2600   SEATTLE WA 98101

FAX 206-340-2563    WWW.LASHER.COM

Click here to view my online bio

 

WE MAKE LAW MAKE SENSE.®

 


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