[WSBAPT] Suing a deceased person

[Stromberg, Spencer]

I have done several of these where there has not been a probate in
Washington, and I've just named the deceased individual(s) "and heirs,
successors and assigns of same." I do some due diligence to try to find
heirs. If we find them, we serve them if possible, but we also publish
because we can't be sure we've found all of the heirs or beneficiaries of
any will that may have existed. I haven't yet had one where there has been
a probate, but if there had been one, I'd name the PR/administrator.

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On Tue, Apr 20, 2021 at 11:12 AM Stephen Brandli <steve at brandlilaw.com>
wrote:

> Folks,
>
>
>
> I have an adverse possession case involving property with a deed of
> trust.  One of the two beneficiaries of the deed of trust is deceased, but
> I do not know if there is a current personal representative or who the
> heirs are.  I have included the standard “all other persons or parties
> unknown claiming any right, title . . .” language.
>
>
>
> Three questions:
>
>
>
>    1. How would you name the deceased person as a party?  Simply
>    “<party>, deceased,” or “the heirs of <party>, deceased,” or something else?
>    2. What diligence do you believe I should be doing to ascertain the
>    status of the beneficiary’s estate?
>    3. When I publish the summons, should I say anything in particular
>    with regard to this deceased party?
>
>
>
> Thanks for the help in advance!
>
>
>
>                 Steve
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