[WSBAPT] Locating Heir Who Is Ignoring Communication

[Eric Nelsen]

I would file the Will, as will-only ($20 filing fee). The heirs are ignoring you, but you have custody of the original Will and notice of death, so you need to get the Will out of your hands. I think your only option is to file it and and just email the heirs and Executor and let them know you've done that.

RCW 11.20.010
Duty of custodian of will—Liability.
Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.

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 Brent Williams-Ruth
Sent: Tuesday, September 03, 2019 3:24 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Locating Heir Who Is Ignoring Communication

Good Afternoon List -

Here is the situation.  Would appreciate any recommendations.

Daughter has been named Executor by Mom  (Decedent). Daughter gets nothing, as only item of value in the Estate is real property in Pierce County that has been bequeathed to Son.

Daughter opts not to serve as Executor. Daughter has signed away right to be Executor.  Now we just need to connect with Son to provide him with the original copy of the Will so that he can proceed forward.

Son has ignored my messages (we do have an e-mail) and those from Daughter.

What is best way to finish? Should I simply file the Will with Pierce County Superior Court but not start probate so that it would be "safe" and available if/when the Son every decides to come forward?

Is there a skip trace service that is reasonably priced to track Son down and personally serve him with the Will?

Never had a beneficiary who has refused to communicate so this is a new twist for me.

Thanks for the suggestions!
Brent

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.Williams-RuthLaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>
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