[WSBAPT] Death in Absentia

Tue Oct 15 12:20:48 PDT 2019

Review RCW 11.80–I have handled these cases and would be happy to discuss.

Jill

Sent from my iPhone

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
On Oct 15, 2019, at 11:15 AM, Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

I received a certificate of presumed death that was recognized.  We did have a police report indicating presumed dead.  We opened the probate with that.  It was within the first year of death.  Happy to discuss.

Some food for thought – if they are in WA, I would demand access to account under Community Property rights – each spouse has a right to manage community property.  This of course may not be an option if second marriage and pension plan was separate property – a written letter from counsel citing spouse’s community property rights and indicating claim may be forth coming  may go a long way.

Best of luck,

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Smith
Sent: Tuesday, October 15, 2019 10:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Death in Absentia

So, I realize that this is a long shot, but I figured it is worth a try…

  *   Client’s spouse went missing 6 years and 2 months ago.
  *   No remains/body ever recovered after extensive search by law enforcement and forest service.
  *   Client resigned as Power of Attorney for missing spouse in a moment of weakness.
  *   All was well until recently—missing spouse’s pension discontinued payments to my client.  Pension company refuses to speak with my client or me (understandably).  Power of attorney has made little effort due to a personal strain between herself and my client (and refuses to resign).

We could of course motion for a guardianship and possibly have my client appointed, but that will likely be completed only a few months prior to the expiration of the 7 years.

Given how close we are to the 7 year mark and the raised need at this point has anyone ever attempted to have court deem missing person deceased prior to the expiration of the 7 years?

Anyone?

Thank you,
Sarah E. Smith, Esq.
MULLAVEY, PROUT, GRENLEY & FOE, LLP
2401 N.W. SIXTY-FIFTH
P.O. Box 70567
SEATTLE, WASHINGTON  98127
(206) 789-2511
FAX:  (206) 789-4484
sesmith at ballardlawyers.com<mailto:sesmith at ballardlawyers.com>

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