[WSBAPT] Newly discovered minor heir in probate

[Mark Vohr]

Julie:

            We would put the brakes on the administration and simply petition the court to appoint a Probate Guardian Ad Litem.  Get the GAL up to speed on the estate  I would do that right away, even though you are still trying to locate the mother (and presumably the child), with notice to the heirs.

            Once the PGAL is appointed, you can continue to administer the estate, taking into consideration the recommendations of the GAL and subsequent court orders relating to the administration of the estate on behalf of a minor beneficiary (i.e. – What to do with the minor’s share of the estate, if any)

            Others may disagree, but I would not amend the petition nor do I believe you need to affirm or modify the letters, you are simply responding to new information in the estate and getting a GAL appointed to protect the minor’s interest int the estate.  You may need to hire a private investigator or heir search firm to find the heir and the mother.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Monday, October 12, 2020 1:09 PM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Newly discovered minor heir in probate

Hello All,

I opened a probate for a client in King County about 6 months ago with a noted hearing, and issued Letters of Administration for my client (adult daughter). The decedent had a wife and two adult children that were known at the time. Now two days before closing of the estate property (the only estate asset), title has notified my client of a judgment against decedent and upon looking it up, it appears there is a minor child of decedent- which is a complete shock to the PR.

I have not ran into this particular situation before.

I realize I need to update the court and notify the minor's parent of the probate. This is in King County, so I assume a GAL will be appointed. This has never happened to me before so I have a few procedure questions if anyone has advice they are willing to share:

1. What is the best way to go about notifying the court? Do I need to amend the initial petition for letters and ask that standing letters remain valid?

2. I assume I will need to note a hearing of some sort with notice to all parties. I am thinking of a combination of motion to validate existing letters and petition for instruction regarding newly found minor heir.

3. We do not know the contact information for the minor's mother at this time. Should I notify the court while we try and locate the child?

Any advice is appreciated!



--
Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: JULIE at dimensionlaw.com|<mailto:JULIE at dimensionlaw.com|> www.dimensionlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dimensionlaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=2YVeyb0ho1tpPRKq9uSIGZx6DO3sxKZe9X9k5i29i8g&s=iRpIfEzrq6V4mCfLBiPdB2FS_7-mpGfDqRKcalTrwAc&e=>


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