[WSBAPT] incarcerated remainder beneficiary

Andrekita Silva ak at seattle-silvalaw.com
Fri Apr 16 18:47:47 PDT 2021


  Law Office of
F.ANDREKITA SILVA
________________________________________________________________________
 
.                                                        
                               April 16, 2021          

I don't think an incarcerated person requires notice that's any  
different that anyone else.

If you wanted to make sure he received it, you could send by certified  
mail. Then he or someone on his behalf must sign on his behalf.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Kate Szurek <kate at skagitlaw.com>:

> 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?
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>    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).
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>    Your thoughts, oh accomplished ones?
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>    Thanks in advance!!
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>    Kate
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>    /KATE SZUREK/, J.D., LL.M. (in Taxation)
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>    kate at skagitlaw.com
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>    /SKAGIT LAW GROUP, PLLC/
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>    P.O. Box 336 / 227 Freeway Drive, Suite B
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>    Mount Vernon, WA  98273
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>    360.336.1000
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>    360.336.6690 (fax)
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>    http://www.skagitlaw.com
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