[WSBAPT] Heirs for probate notice

[Philip N. Jones]

This is a good time to remember that, long before the person dies, when the attorney is doing the estate planning, every attorney should say to their testators, “I know you are not leaving money to your relatives, but I need to include in your will a paragraph listing your closest living relatives, so that the attorney who probates the will will have a road map to find those people.  Even though they get no money, they need to get notice.”
This is less important for people who are married and have children.
Warning! War story follows!  I once probated a will where everything went to charity and the testator was unmarried with no children.  He told his drafting attorney that he “had no family.”  After eight hours of searching, I found myself talking on the phone with his estranged identical twin brother.  Everyone has family.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, August 29, 2019 11:58 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Heirs for probate notice

Yes--notice must go to the intestate heirs as well as those who take under the will. Best for the PR to call the relatives s/he does have an address for, and ask for addresses for the others. The PR must exercise due diligence to ascertain the name and address of all heirs.



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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rich McEntee
Sent: Thursday, August 29, 2019 11:42 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Heirs for probate notice

Hello

I am preparing a petition to commence a probate. The decedent was quite elderly. She had no children but quite a few siblings. Only one sibling is alive. That sibling is named to inherit the residue of the estate. No other siblings were named. There are many nieces and nephews who survived the deceased siblings. My question: to satisfy the probate statutes, are all of these nieces and nephews required to receive notice of the probate as representatives of their deceased parents? I ask because there are many survivors and the whereabouts of some is unknown to the PR.

Thanks
Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411<x-apple-data-detectors://1/1>
University Place, WA 98466<x-apple-data-detectors://1/1>
253.227.9894<tel:253.227.9894>(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>
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