[WSBAPT] Notice to unknown heirs

Mon Feb 25 18:01:27 PST 2019

I agree Paul. A potential will challenge is just one of the reasons to provide notice to the heirs.
I interpret RCW 11.28.237 ("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") differently. I have always assumed that the "whose names and addresses are known" language applies only to "each beneficiary or transferee of a nonprobate asset." This makes sense from a practical standpoint - the PR may not know about the decedent's life insurance policies or retirement accounts and - even if he or she knows about the accounts, the accounts' custodians may not share information regarding the beneficiaries.
My $.02
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
206-578-5877
Fremont office:
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, February 12, 2019 10:30 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice to unknown heirs

ummm, I always thought that it was required to notify the heirs because they may want to challenge the Will.  Yeah, they don't inherit under the Will but maybe its not the last Will or maybe the decedent did not have capacity, etc,

________________________________
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 Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Sent: Tuesday, February 12, 2019 10:13 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Notice to unknown heirs

[cid:image001.gif at 01D4CD34.1ED1DAD0]

Diane:  I would agree these steps should be taken IF these heirs were to receive any distribution from the estate.  The notice in Andrew's case is to then tell these heirs, once they are found, glad we found you but you get nothing.  This does not seem reasonable to me or what would be expected...  Wouldn't that make a difference?  Unless the charities are an alternate beneficiary if none is found, but email does not imply that.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.329.4079

360.568.8092  fax

dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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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 Diane J. Kiepe
Sent: Tuesday, February 12, 2019 10:05 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Notice to unknown heirs

Dalynne,

Although the statute seems clear on it's face, there is case law that indicates a PR has to make reasonable attempts to determine who the heirs are.  To this end, it is many practitioners practice to advise their clients to take certain steps to do this, check mail, we have hired heir search before (and found a missing homeless heir by them), asked the PR about any history of family known to exist (even if just by name) etc.

The difficult call is what is reasonable under the circumstances.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

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 Dalynne Singleton
Sent: Tuesday, February 12, 2019 9:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notice to unknown heirs

Since the statute reads, are known to him or her - why not provide notice to the charities and give written notice to the State of WA DSHS and then call it good?

RCW 11.28.237<https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.28.237&data=02%7C01%7C%7Cf18f5298d835484034ea08d691167a7d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636855923062245514&sdata=0prAlyY4ovDIMZ%2FJyvytaQkoERi2vQNsEPBEz%2FThpjE%3D&reserved=0>

Notice of appointment as personal representative, pendency of probate-Proof by affidavit.

(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.

(2) If the personal representative does not otherwise give notice to creditors under chapter 11.40<https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.40&data=02%7C01%7C%7Cf18f5298d835484034ea08d691167a7d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636855923062263694&sdata=N%2F6vlGU9e3ytyJOXH%2F50FMkbPzfuFfzVnqQsGC0wILw%3D&reserved=0> RCW within thirty days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit and filed in the cause.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.329.4079

360.568.8092  fax

dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

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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 Andrew Hay
Sent: Monday, February 11, 2019 9:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notice to unknown heirs

Hmmm.  I've got an estate with a PR appointed per the will. Beneficiaries are charities.  Estate value less than $500K.

Decedent was a widower.  He has no children and no brothers and sisters.  His parents are long dead.

What notice of pendency of probate is required and how much effort should go to notify the parents' heirs?

I am inclined to publish a notice of pendency of probate along with the notice to creditors and call it good.

Andrew Hay

Hay & Swann PLLC

201 South 34th Street

Tacoma, WA  98418

Phone: (253) 272-2400

Fax:     (253) 267-8947

www.washingtonlaw.net<https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=02%7C01%7C%7Cf18f5298d835484034ea08d691167a7d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636855923062303732&sdata=v6us%2FCZzxlPOXyTKSHAa26gTsmj7UWQeibuqaLR4H2w%3D&reserved=0>

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