[WSBAPT] Newly discovered minor heir in probate

Tue Oct 13 13:07:21 PDT 2020

Further thoughts to flush out creditor claims related to the bonus heir:
Be sure and send actual notice to creditors to the state and the mother (once located). The obligation to pay child support ended at his death (absent a contrary provision in the paternity case court order(s)). He may owe MORE than what is quantified on that judgment showing up against the property depending on when it was entered and what he paid up until his death. The Support Enforcement case worker will be able to give you that information, and it shouldn’t be a problem for you to get it upon presentation of the Letters of Administration. Since the state is listed as the judgment creditor that is indicative that Mom was receiving public assistance. To the extent that the support order(s) exceeded what the state paid Mom, SHE is entitled to the difference (potential creditor claim). That means you will want to get the exact breakdown from support enforcement showing what the state is owed and what Mom is owed. They do a good job of keeping track of payments, which sounds like you may have to rely on if this entire situation was absent from the decedent’s records that the PR reviewed after death.  If he paid the judgment down or off then you will want to address that in clearing the judgment lien impacting your property sale closing. I have found that the state is not always timely in removing those old liens even when they have been paid in full.

Jennifer L. White, Esq.
[cid:image002.jpg at 01D6A161.C84CBBE0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Monday, October 12, 2020 5:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Newly discovered minor heir in probate

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<mailto: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<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.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 Julie Martiniello
Sent: Monday, October 12, 2020 1:09 PM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com<mailto: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%7C> 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 at dimensionlaw.com|<mailto:JULIE at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

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. 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.

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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