[WSBAPT] Newly discovered minor heir in probate

[Julie Martiniello]

Thank you both for your advice. I agree that I should get the GAL appointed
right away.

The judgment ended up being an order determining paternity and judgment for
child support owed to the state. I will see if support enforcement can
provide me with the mother's updated contact information in the next day.
The real estate was decedent's separate property, so the child certainly
needs to be involved and represented.

On Mon, Oct 12, 2020 at 3:23 PM Mark Vohr <mcv at ohanafc.com> wrote:

> 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|
> 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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-- 
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*@dimensionlaw.com*|
www.dimensionlaw.com


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-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
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