[WSBAPT] Notice by Publication: Out-of-State Heirs with Unknown Addresses

Wed Jan 9 12:24:43 PST 2019

Felicia, I know of the Norwegian case you're referring to, Hesthagen, which
involved the PR knowing of the heirs existence but claiming otherwise
during Probate. It's an interesting read!

The assets of the Decedent are held through a Trust, and the probate would
be opened to effect a transfer of title on a home to an heir and spouse
already on title (no financial investment on the part of the Decedent into
purchase/maintenance). So from the perspective of the client there is no
financial interest at stake (essentially taking steps a Title Company
should have undertaken at closing). The interest here is to satisfy RCW
11.28.237's notice requirements as practically as possible without knowing
details on the whereabouts of some heirs.

I agree that the standard here is high for a diligent search - thank you
all for the feedback on this idea and the suggestions for a search firm!

*Jakob O. Seegmuller *
Attorney
NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com
<http://www.facebook.com/NWlegacylaw>

On Wed, Jan 9, 2019 at 11:41 AM Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> That's an interesting idea, but I am not sure there is any method of
> publication that will work for probate procedural purposes. Because the
> notice requirements are statutory in Title 11, an ordinary probate
> administration is not a "civil proceeding" that could invoke service of
> process statutes like RCW 4.28.110 (generally for civil actions) or RCW
> 7.90.052 (specific only to a proceedings under Ch. 7.90 RCW).
>
>
>
> The general standard is that notice is provided by mail (or personal
> service), and must be provided to all heirs, etc., whose "names and
> addresses are known to him or her" per RCW 11.28.237. Case law says that
> phrase includes any heir whose name and address can be ascertained with
> "reasonable diligence," so if you know enough to say that they exist and
> live outside the State, then you already know too much to get away with not
> trying harder to figure out the proper address.
>
>
>
> For me, it depends a bit on how much money is at stake, but "reasonable
> diligence" generally means (1) asking client and friendly heirs and
> relatives for names and addresses of the other heirs; (2) doing online free
> searches to try to find heirs whose names and approximately location are
> known; and (3) hiring a private investigator to get latest address for
> heirs whose names are known but can't be found on the free search.
>
>
>
> If there are heirs known to exist but their names are uncertain, or other
> kinds of more difficult questions, "reasonable diligence" might also
> involve retaining an heir search company, but that cost is likely to run
> into several thousands. I did one recently that involved finding over 40
> different cousins scattered across the country and the fees ran to about
> $9,000.
>
>
>
> Sometimes clients balk at spending even a couple hundred dollars on
> locating an heir, especially if there's a Will that disinherits the missing
> heir. My standard advice is to tell them that providing proper notice
> protects *their own* inheritance, because it provides due process to
> everyone and virtually eliminates the missing heir's ability to raise any
> dispute later. If there is a genuine dispute or uncertainty, better to
> flush it out immediately then try to "get away" with insufficient notice to
> the parties who are affected.
>
>
>
> 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 *Jake Seegmuller
> *Sent:* Wednesday, January 09, 2019 10:26 AM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Notice by Publication: Out-of-State Heirs with
> Unknown Addresses
>
>
>
> Dear Learned Listmates:
>
>
>
> We have a probate involving disparate family members without firm
> connections between them. Our clients do not know the exact addresses or
> contact information for several heirs outside the State and the
> relationship has been fraught for some time. In order to satisfy notice
> requirements, what is the best approach for providing notice to these
> distant relatives?
>
>
>
> Would notice by publication for three consecutive weeks in the widely
> circulated county/regional paper be sufficient or is a more thorough search
> for contact information required? (I'm looking to RCW 7.90.052(3) for some
> guidance on just what constitutes sufficient publication for an individual).
>
>
>
> Your insight is appreciated!
>
>
>
>
>
> [image:
> https://drive.google.com/a/nwlegacylaw.com/uc?id=1AcGsMP0vZZrFGmDW7zBZZPBbEb2YTALx&export=download]
>
> *Jakob O. Seegmuller *
>
> Attorney
>
> NW Legacy Law Center, P.S.
>
> 360-975-7770 | http://nwlegacylaw.com
>
> [image:
> https://docs.google.com/uc?export=download&id=1g0sk6R6CwUiO3ldgcesjLRVGr08ZXRDA&revid=0B7QFhV8A7-WsN011RWxveDltaHRFS05uc3R2OHhVSnFzM0JVPQ]
> <http://www.facebook.com/NWlegacylaw>
>
>
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