[WSBAPT] Contentious Heirs

Thu Sep 17 14:47:47 PDT 2020

Jennifer,
As to situation #1: Yes, proceed with the probate as usual. I wouldn't make any partial distributions. When you are ready to close, utilize the declaration of completion with distribution in 5 days (after the 30 days). In that scenario, you lay out in the notice and declaration the "no less than amount" that each beneficiary is to receive. IF no one contests, then have PR distribute the final checks. IF jailbird contests, then set it for hearing with your reasoning in the petition. I would send a letter along with the notices that reminds them that contesting by anyone will reduce the amount available to distribute because fees for the PR and the PR's attorney will be increased. Since this beneficiary has documented violent behavior, DO NOT meet with him in person (should he be sprung from the clink). Handle distribution via mail OR if in person perhaps at the courthouse where he will have been screened by security.

As to situation #2:  SSI and SSDI are very different programs. SSI is needs based and inheritance impacts. SSDI does not. It is generally HIS responsibility to report receipts of incoming assets to authorities if that is a requirement of the program under which he receives benefits. What does your PR know about his situation? Your PR client is not generally the enforcer, but you want to make sure that you pay out to the correct legal party. If he has a guardian, then it's probably not him. Do you have any information that he is under a guardianship? Does he have a representative payee or a DPOA? You can approach the court for direction with a petition for instruction. He obviously has some wherewithal if he has email and is demanding that you give him his $$$$. Unless he has some restriction on receiving it (i.e. guardian) then he may be entitled to the payout.

Recommendations for coping resources? Bourbon and TUMS (though not at the same time). If you want a more holistic approach, yoga or meditation. Sometimes I find a trip to the gun range is very cathartic. Above all, stay calm and don't feed into your PR client's anxiety about their dysfunctional heir(s). They look to you as the "rock" of the proceeding. You do this every day (deal with jerks) and your PR may only do this once in a lifetime. Explain the legal "process" as well as steps that you will take in handling whatever comes "what if's" from the difficult party. If a beneficiary is abusive to your PR, then have the PR direct all communications through you.

Good luck!

Jennifer L. White, Esq.
[cid:image003.jpg at 01D68D01.81F0BD50]

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 Jennifer Gellner
Sent: Thursday, September 17, 2020 1:15 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Contentious Heirs

Hi All:

I have two cases where my PR's and I are dealing with contentious heirs.  Does anyone know of a good resource for helping me help my PR's deal with problem heirs?

  1.  Heir is in jail, dad's will disinherited him, but mom's intestate estate was never probated and she had some separate property when she passed in 2007.  Heir in jail is unlikely to agree to the percentage of the house sale proceeds that we think is his share based on community and separate property and mom's intestacy.  Do we just proceed with the probate and he will receive a check and the notice of declaration of completion of probate and once the 30 days pass, it is done?  Heir is back in jail because he punched the other heir and was arrested (PR is family friend as two heirs are felons).

  1.  Heir is on SSI and/or SSDI in another state and homeless.  I sent a letter to his email advising him that he needs to make arrangements before we distribute (he wants money now!) so his benefits will not be impacted and he threatened that he will press charges if I ever contacted him again (obviously I don't think that would be successful, but ideally we can handle this in the best way possible).  Do we just proceed and send him a check and the notice - do we involve the Court requesting instruction even though we have nonintervention powers?  Two brother heirs are harassing sister PR.

Any help is greatly appreciated.

Jennifer A. Gellner, LL.M.
Principal, Gellner Law Group
P: (425) 235-5535 │ Toll-Free: (877) 252-0738
E: jennifer at gellnerlawgroup.com<mailto:jennifer at gellnerlawgroup.com>
8407 S. 259th St. Suite 203, Kent, WA 98030
505 W. Riverside Ave., Suite 500, Spokane, WA 99201

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