[WSBAPT] motion to close estate and distribute funds

[Eric Nelsen]

Hah! Actually, I was thinking about chiming in to say that publication is mandatory under the statute, but I think the consequences of failing to publish are no more than the same consequence if you fail to give direct notice to an heir: the person who didn't receive notice is deprived of due process and has an opportunity to re-open the matter if s/he was actually damaged by the lack of notice.

So, if you have mailed notice to all the interested parties that you know about, due process is satisfied as to them and the lack of publication is not a big deal in terms of risk. Your only risk is if there is someone you didn't mail notice to, whose interest is affected by the ruling at the hearing.

That said, it's still statutorily mandated to publish and better to just do it, and even start over and re-note the hearing to get timely publication done if you're partway through the process.

Insert long legal treatise here. :-) I have cases on the notice/due process issue as to persons entitled to notice by mail, but nothing directly on the publication requirement.

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 Mike Winslow
Sent: Wednesday, July 03, 2019 1:53 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] motion to close estate and distribute funds

My research on this issue resulted in the conclusion that the Commissioner or Probate judge is likely to ask why you did not publish. I think absent an Acceptance of Service or Waiver of Notice from each heir at law and named beneficiary under the will that the requirement would be enforced.

Eric Nelsen will probably give you some detailed legal analysis about how publication is jurisdictional or some other fancy term, but that's beyond anything I want to go look up. :) (love your posts Eric!).

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina Driessen
Sent: Wednesday, July 03, 2019 1:29 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] motion to close estate and distribute funds

HI All:

For a variety of reasons I am bring a motion to close an estate and distribute funds. My client is the PR.  I have done so a few time; but I have never published the hearing date as stated in RCW 11.76.040.

Any thoughts on this statue and if it is being strictly construed?


Kristina A. Driessen
"A" Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>

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