[WSBAPT] Token bequests and uncooperative heirs

[Roger Hawkes]

Whenever the statute is next considered for amendment, there should be a provision inserted allowing whoever is in charge to throw away insignificant values; anyone dealing with $1 items should not have to spend more than a second deciding what to do with it.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, July 13, 2021 3:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Token bequests and uncooperative heirs

All-A couple times recently a problem has come up where somebody gets a $1 bequest in a Will and they don't cooperate with receiving the distribution. Strictly speaking that makes it hard to close the estate.

I just had a thought and a possible solution and wanted to throw this out there to see if there is a downside I'm not seeing.

A couple months ago I suggested that a PR could close the Estate with Dec of Completion and Notice of Filing and notice to that heir, without making the $1 distribution, and state in the Dec that the $1 was not distributed but the PR would pay it on demand to the beneficiary.

If the uncooperative heir gets that notice at closure of the estate, I think then the PR could turn the $1 over to Unclaimed Property if it is unclaimed after 3 years. RCW 63.29.120(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=63.29&full=true#63.29.120>. The PR should then be protected by the release of liability and state indemnity under RCW 63.29.200<https://app.leg.wa.gov/RCW/default.aspx?cite=63.29&full=true#63.29.200>.

That avoids the whole expensive "statutory agent" process for absentee distributee under RCW 11.76.200 et seq.<https://app.leg.wa.gov/RCW/default.aspx?cite=11.76&full=true#11.76.200>, and allows the estate to get closed. (Absentee distributee might not even apply really, since location is known and the heir is simply uncooperative.)

This method is a liability risk for the PR and the PR would need legal advice on risks and benefits to make an informed decision, but if the PR is willing it seems to me her/his liability wouldn't exceed the $1 (plus perhaps 12% interest per annum). The PR has to wait the 3 years but at least there is a definite point at which liability could be cut off.

Any thoughts, caveats, problems with this that occur to anyone?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210713/b5bd9f88/attachment.html>