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

[Heather de Vrieze]

Think about the daughter(PR) as if each hat she wears is a different person, an exercise that helps me sort through these things sometimes.

If you were advising her solely as PR, you would not have her pay the person she believes is entitled to deceased brother’s share, but to get some legal authority, either letters testamentary, a small estate affidavit or similar. Both of those would require notice to DSHS.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Friday, February 19, 2021 7:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Death of beneficiary pending probate administration, with medicaid wrinkle

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
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