[WSBAPT] disinherited children under will entitled to be listed as heirs in petition to open probate and appoint PR

[Eric Nelsen]

Yes--need to list them as heirs at law even though disinherited by the Will. And need to give them Notice of Appointment and Pendency of Probate per RCW 11.28.237. Otherwise, if they don't get notice, the four-month deadline for a Will contest doesn't affect them. They must get Notice of Appointment if a Will contest is to be barred. Cf. In re Estate of Little, 127 Wn.App. 915, 921, 113 P.3d 505 (2005); In re Estate of Walker, 10 Wn.App. 925, 930, 521 P.2d 43 (1974); Hesthagen v. Harby, 78 Wn.2d 934, 942, 481 P.2d 438 (1971).



Sincerely,



Eric



Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com



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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
Sent: Thursday, July 2, 2020 12:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] disinherited children under will entitled to be listed as heirs in petition to open probate and appoint PR



Dear Listmates, in your view do adult children who were specifically disinherited by their father in his last will have the right to be listed as heirs in the petition to open probate and appoint a PR?  Thanks for your counsel.  Yours truly, Douglas Owens



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