[WSBAPT] Homeless Beneficiary

[Eric Nelsen]

Off the cuff:

PR’s duty to give notice is only to exercise “reasonable diligence” to find heirs. I think you don’t have to mail notice in this circumstance, but if you really want to document it, the PR could file a Declaration stating that s/he is aware of the son as a beneficiary of a $1 gift, believes the son to be alive and living in the [region], but not to have any fixed residence.

Re the $1, I would close out the estate without distribution. Advise the PR that if the son shows up demanding the inheritance, they’ll be personally liable to pay it, plus maybe 12% annual interest on the $1 since the date of closure of the estate. Under the right facts and circumstances, I might consider adding a statement to the Declaration of Completion indicating that the PR is intentionally making no distribution to that heir, and will personally pay the distribution to their heir on demand.

There’s a due process problem concerning the will contest period, if you can’t give the son notice. But again, the duty is reasonable diligence, not absolute delivery of notice, so the PR is probably in the clear so long as they’ve documented their 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 Inge Fordham
Sent: Tuesday, June 1, 2021 1:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Homeless Beneficiary

Colleagues,

Trying this again as I didn’t receive a response to my last inquiry.  I have a situation where one of the beneficiaries under the decedent’s will (a son) is homeless.  Nothing to indicate any mental incapacitation.  His share under the will is only $1.  How do I go about handling the Notice of Appointment and Pendency of Probate and his eventual $1 inheritance?

Thank you in advance,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>


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