[WSBAPT] Death of beneficiary pending probate administration, with medicaid wrinkle

[Sarah McCarthy]

Brain trust:

Probate of mom's estate.  Two 50/50 beneficiaries under Will are son and
daughter. Son and daughter both survive mom.  Daughter is PR of estate.

Son then dies, pending probate administration, before assets are
distributed.  Son dies without a will, has no spouse or children.  Only
intestate heir is his sister, the PR of mom's estate. So, sister is now
legally entitled to her 50% share of mom's estate, as well as brother's 50%
share of mom's estate.

The wrinkle:  brother's estate has at least one creditor - DSHS - he was on
medicaid at death receiving long-term care services, though this care was
only for a couple of months, so not a huge medicaid estate recovery lien.

*Question:  Does sister, as fiduciary for mom's estate, have a legal DUTY
related to the proper legal administration of mom's estate, to initiate a
probate for brother, notify creditors, notify DSHS, and resolve the DSHS
lien, before transferring what remains of his 50% of mom's estate to
herself? *

Brother had no assets other than his 50% estate expectancy, so there would
be no other reason to initiate a probate for him, unless sister has a legal
DUTY to do so, as part of closing out mom's probate estate.

I've searched RCW 11 and can't find any indication of procedure if a
beneficiary dies pending probate administration, and am not coming up with
anything clear.

Sister would LOVE to avoid having to file a probate for brother, for
obvious reasons...

Thanks all!

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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