[WSBAPT] Opting Out of RCW 11.28.237(1) via Will

Tue Oct 8 11:06:20 PDT 2019

How about doing a CPA?  If his entire estate consists of community property,
the only legal heir entitled to notice would be his surviving spouse.

Sara

Sara D. Longley, J.D., LL.M.

LONGLEY LAW PLLC 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at longley-law.pro> Sara at Longley-law.pro

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Tuesday, October 8, 2019 9:47 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Opting Out of RCW 11.28.237(1) via Will

Hello,

I would second a response I just read related to the SOL.  I would also add
that there are no grounds that I am familiar with that allows a decedent to
waive the PR notice on behalf of his probate estate.  I would not personally
want to be the test case and draft it in.  

I think this is a perfect situation where you want to use a Living Trust and
other probate avoidance devices.  

On an unrelated note - from someone who can appreciate  his story, I wish
him nothing but joy as he journey's there life with his husband.

Best,

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 Rebecca King
Sent: Tuesday, October 8, 2019 9:03 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Opting Out of RCW 11.28.237(1) via Will

Hi Listmates,

I have an estate planning client that absolutely does not want his family to
receive the Notice of Appointment of the PR - he has no relationship with
his family after they "disowned" him for being gay.  He does not want his
family to know the whereabouts of his husband or even to know he is dead.
Have any of you ever used a clause which mandates that the PR shall not
provide notice to heirs under RCW 11.28.237?  Do you think it would survive
a later challenge by an heir?

I am also consider an RLT which seems, under RCW 11.103.050, to time bar a
trust contest to two years after the Trustor's death.

Thanks in advance for your thoughts.

Rebecca King

Attorney

Northwest Elder Law Group

2150 N. 107th Street, Suite 501

Seattle, WA 98133

Main: (206) 937-6102

Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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