[WSBAPT] Intestate estate with husband whereabouts unknown / won't disclose

[Eric Nelsen]

No option for publication but I think I would include in the petition a recital that the spouse is in touch by phone but actively refuses to provide a mailing address. Then perhaps "serve" by text if possible, at least a notice of the date/time/place of the hearing and that it is to appoint daughter as administrator of the estate, and maybe call and leave a voicemail or tell him directly about the hearing and document that with a Declaration of "Communication with Surviving Spouse" (since it's not really service).

My thought is that "reasonable diligence" is all that is required of a petitioner, in efforts to provide notice to heirs. An heir who actively declines to provide an address for service pretty much estops themselves from arguing that a lack of notice is due to the PR's lack of reasonable diligence.

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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, July 15, 2021 2:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate estate with husband whereabouts unknown / won't disclose

What do you do when the decedent was separated for 2 years from her husband and now the husband won't provide any address since he is not legally in the US.  He will provide his phone number but nothing else.  No other relatives known in the US but he appears to continue to reside in Snohomish County, WA.  The decedent is survived by 2 daughters.  I am going to ask the court to appoint one of the daughters as Administrator and the other daughter with consent/waive notice of hearing but how do I get notice to husband - is there an option to publish or is it enough to indicate husband cannot be found and doesn't want to be found?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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