[WSBAPT] Publishing Notice - Which County

[Jennifer L White]

Perhaps this will provide a little guidance:

The attached Tolson case defines residence as follows:

Residency and domicile are two distinct concepts, however. "Residence" indicates where a
person lives while "domicile" signifies the place where a person intends a fixed and permanent home.
Schreiner v. Schreiner, 502 S.W.2d 840, 843 (Tex.Civ.App.1973).

I think residency is a fact specific determination. It is not uncommon for people to have more than one "residence." In your instance, if I read your fact pattern correctly, the decedent sold her King Co property and permanently moved away. Her only place to live at the time of her death was in Yakima. The publication statute doesn't say residence for a specific period of time.  Under that scenario, I would publish in Yakima. Your PR has a duty to review all of her materials anyway in conducting due diligence, so would have a good chance of catching potential creditors and giving actual notice.

Jennifer L. White, Esq.
[cid:image004.jpg at 01D6AD2E.EF728910]

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 Heather de Vrieze
Sent: Wednesday, October 28, 2020 1:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Publishing Notice - Which County

Thanks Paul,

On the other hand, what if notice is published in the newly adopted "residence" county, and a creditor in county where residence of multiple decades was recently sold misses the notice. Might they argue that the residence was not new county where person died. Personal Representative might have liability if they've already distributed.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image007.jpg at 01D6AD2E.EF728910]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
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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 Paul Neumiller
Sent: Wednesday, October 28, 2020 12:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Publishing Notice - Which County

A thought that comes to mind is potential liability to the PR if the attorney publishes in multiple counties.  I could hear a beneficiary say "Hey!  Why'd you publish in King County when "Mom" resided and died in Yakima County?  Why are you making it easy for creditors to file when all of the creditors in King County weren't entitled to notice in the first place?  You (the PR) are responsible for dealing/paying with the King County creditors."   Then, the PR will turn around and say, "So, Hot-shot attorney, how's your malpractice insurance?"

Just a thought.  Is it possible to get a judge to make a ruling as to where the decedent "resided"?

________________________________
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 Heather de Vrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
Sent: Wednesday, October 28, 2020 12:14 PM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Publishing Notice - Which County


I am pondering the county of publication of notice for an estate we are opening in King County. I know this was a recent topic of discussion, and the law is clear that the county of the decedent's residence is the correct county for publication.



The question I have is one of residency. My facts are client who lived in King County for decades moved to Yakima earlier this year for care because friend who would be caregiver lived there. She moved in with friend, and died a couple months ago. The death certificate lists the Yakima address as her "residence", but it somehow doesn't seem right to publish there given the decades of residence in King County.



Thoughts?



Heather



Heather S. de Vrieze
Attorney-at-Law

[cid:image011.jpg at 01D6AD2E.EF728910]

3909 California Avenue SW

Seattle, WA 98116-3705

(206)938-5500

heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>

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