[WSBAPT] All Assets are Non-Probate?

[Jennifer L White]

Brent,
You didn’t say whether the two siblings get along, which makes A LOT of difference.
Under RCW 11.18.200, a beneficiary of a nonprobate asset is liable to account to a PR and to have to “kick in” their fair share as set forth in the statute. You didn’t indicate it was an insolvent situation, just a lack of available non-designated cash.
If the siblings get along, then they can either set up a joint account between themselves or if it is possible, leave one of the decedent’s old ones open to use for this purpose. They can agree that one of them will be the notice agent under 11.42, and if a claim comes in, pay it from the joint account. If they choose not to do the 11.42 nonprobate notice, then they can informally agree to pay what comes in.

If they don’t get along, then it gets decidedly more difficult. Do you know what the family dynamics are of the situation?

Jennifer L. White, Esq.
[cid:image001.jpg at 01D6E8E3.A0A00470]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, January 12, 2021 12:28 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] All Assets are Non-Probate?

Greetings List -

I have a client who's estate consists entirely of non-probate assets. Every checking, savings, CD, investment account have beneficiary designations.  It is 50/50 between two children.

Looking at RCW 11.42 - I am left wondering HOW to actually pay the creditors (estimated to be approximately $15 - 20k).  If every account is going to just be sent to the named beneficiary, how does one actually get the payment for legitimate creditors?

Thank you!
Brent

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

New Address & Phones Effective December 1, 2020: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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