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

Fri Feb 19 11:48:00 PST 2021

Heather, yes, your input sounds exactly right to me, too. I wouldn't advise
my client as PR of mom's estate to simply distribute a share to the
beneficiary we "think" is the correct legal heir of the beneficiary's
estate. I think notice to DSHS is going to be necessary whether it's a
small estate affidavit or a probate.

As to the survivorship question that was raised -- I should have mentioned
in my original email that the son died about 9 months after mom, so
definitely was a "survivor" under both the Will and the statute.

*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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On Fri, Feb 19, 2021 at 9:31 AM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> 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
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
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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
> 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
>
>
>
> This electronic message transmission contains information from the law
> firm of Kelly, Arndt & Walker, PLLP which may be confidential or
> privileged.  This information is intended to be for the use of the
> individual or entity named above,  If you are not the intended recipient,
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> notify us immediately by reply e-mail and delete the original message.
> Thank you.
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