[WSBAPT] incarcerated remainder beneficiary

[Jane Bitz]

Hi Kate:
We have mailed all notices to the jail where an incarcerated beneficiary resides and had no problems. I enclose a statement in the Notice asking that the person acknowledge receipt of the Notice and enclose a stamped-self-addressed envelope for them to reply, so I have proof that the Notice was received.
Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kate Szurek
Sent: Friday, April 16, 2021 2:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] incarcerated remainder beneficiary

Just as we were getting ready to distribute an estate and close the probate, the lifetime beneficiary to a testamentary trust (fbo one of decedent's daughters) died.  I believe that means we should give notice of the filing of the declaration of completion of probate to the remainder beneficiaries to the trust.  Yes?

Assuming true, the next question arises because one of the remainder beneficiaries is incarcerated (son of my client, who is the PR and trustee).  Can we simply mail notice to him in the same manner as we would send him any other correspondence (by mail to the prison)?  That seems too simple, but would be relatively easy.  I doubt the incarcerated son will object, at least not within the 30 days.  Having been incarcerated for a number of years now, he is currently clean and sober.  But I would like to cover all bases, as someday he will no longer be incarcerated, and potentially he could once again return to a desperate state where he again takes up drugs, in which case his mom/my client could very well again be in danger (he is in prison because of a physical attack on her when he was near to overdosing on meth).

Your thoughts, oh accomplished ones?

Thanks in advance!!

Kate

Kate Szurek, J.D., LL.M. (in Taxation)
kate at skagitlaw.com<mailto:kate at skagitlaw.com>

[SkagitLaw_Signature (2)]
Skagit Law Group, PLLC
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