[WSBAPT] Intestate estate- missing heir- procedure question

[Sarah J. Dion]

In my case, the Administrator is not a resident of WA and neither is the missing heir. There is no family that is local and no friends of the decedent, who was quite elderly.


Sarah Jael Dion
skellenger bender
ATTORNEY
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com|<mailto:sdion at skellengerbender.com%7C>www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, February 13, 2020 2:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate estate- missing heir- procedure question


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I'm not sure if a bank would do that or not-in my case I did in fact name an individual as agent. We used a blocked account at a bank in order to get the agent's bond reduced-it seemed more cost effective to have the account blocked rather than pay three years' worth of large bond premiums. In my case, the agent was a brother of the missing heir.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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 Paul Neumiller
Sent: Thursday, February 13, 2020 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Intestate estate- missing heir- procedure question

Hi Eric, I am curious.  I've never had to do one of this but I always assumed that I had to find an individual to act as the agent.  But, I noticed that your forms suggest that a bank could be the agent.  Is it your experience that a bank will agree to act as the agent?  Are there banks that specialize in this type of thing?  If not a bank, have you tried to use a trusted family member of the deceased to act as the agent?


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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 Eric Nelsen
Sent: Thursday, February 13, 2020 11:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Intestate estate- missing heir- procedure question

Hi Sarah-

The only statutory process I know of is the one you have identified, RCW 11.76.200. I know that some practitioners have done some workarounds, such as depositing the heir's share into the court registry and filing a notice in the probate of that fact; but there is no express statutory authority for that kind of arrangement.

For what it's worth, the statutory agent process isn't obscenely expensive, especially if you have a cash-only distribution that can just be held in a blocked account. Also, the heir's distribution pays the expenses and services of the agent, RCW 11.76.220. The main problem is identifying an agent who is willing to deal with the hassle, and also willing to do the necessary follow-up three years later to hand everything over to DOR Unclaimed Property.

Attached are a petition, order, and blocked account receipt that I created about 2-3 years ago when I had to deal with this for the first time.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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 Sarah J. Dion
Sent: Thursday, February 13, 2020 9:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Intestate estate- missing heir- procedure question

Hi all-

I have an intestate estate where there are two heirs. One is my client. The other is a sibling of hers who is much older than she is and who she never knew existed. It was quite a surprise.

We have been unable to locate the newly-discovered sibling, although we have a street address. We are trying a variety of methods to inform him of the pendency of the administrative proceeding. If we are unable to get in touch with him, what is the most efficient way to proceed?

I see that under RCW 11.76.200, we may need to appoint an agent to represent the interests of the missing heir. The amount of money involved is not huge, and this seems like it could prove expensive. Is there another acceptable way to proceed, like asking the court to keep the missing heir's share?

If anyone has experience with this, I would be so grateful for guidance! Thanks!

Sarah Jael Dion
skellenger bender
ATTORNEY
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com|<mailto:sdion at skellengerbender.com%7C>www.skellengerbender.com<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.skellengerbender.com%2F&data=02%7C01%7C%7Ca3512dfe83bf428dd9d008d7b0b8ee23%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637172180626161628&sdata=GNQ0jT%2FrxA1X2VhcE6laiyoFo%2FWS%2F1AyrEXVijeYB0Q%3D&reserved=0>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
NOTICE:  This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential.  This communication is intended solely for the use of the individual(s) named above.  If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited.  In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication.  If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.


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