[WSBAPT] Listing Blood Relatives of Probate

[Jeff at bellanddavispllc.com]

Eric,

 

You are right.  I have never had push-back for listing "heirs" even when
they do not take under the Will.  The problem is the clients are not from
here and have a big distrust of our system.  Why, I don't know. I did cite
the wrong notice statute, but you cited the correct provision.   I conclude
I do not have to list the "heirs" in the petition but must give them notice
of the proceeding.  The only difference is, since the Will names the  client
as PR, I do not need to provide the notice under 11.28.330(3), regarding the
time to challenge the appointment.  

 

Thanks for the input.

 

Jeff

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Tuesday, March 9, 2021 1:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listing Blood Relatives of Probate

 

So the objection is only to listing the names in the Petition, and there is
no objection to providing Notice of Appointment afterward?

 

I do it so routinely that I've never questioned the practice of listing
everyone in the Petition.

 

I would compare the Will-probate statutes, RCW 11.20.020 and RCW 11.28.010,
to the intestacy requirements, RCW 11.28.110. Seems to me from the statutes
that proving a Will does not require listing anyone in that Petition, heir
or not. The requirement of listing the heirs in the Petition seems to come
from the intestacy procedure, RCW 11.28.110. But under either circumstance,
notice of appointment and pendency of probate must be served on all heirs at
law as well as all beneficiaries under the Will (if there is one). RCW
11.28.237.

 

In King County at least, the practice of listing heirs and Will
beneficiaries in the petition is so routine, one might get pushback from a
commissioner if it's not done. Even if there is no strict legal requirement.

 

I might ask more to find out what the underlying issue is. Maybe it's just
the symbolism of listing them in the Petition, but maybe they are under a
misunderstanding about what it signifies to have the name in the petition
(basically, nothing).

 

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.

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, March 9, 2021 11:47 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Listing Blood Relatives of Probate

 

Listmates:

 

 

Decedent's Will names his step-children as sole heirs.  One step-child, who
is the named PR, strenuously  objects to listing the decedent's living blood
relatives as heirs in the petition to admit the Will to probate.  He wants
their names removed from the petition.  Question is do we need to list the
blood relatives in the Petition, or just give them notice of the appointment
and a copy of the Will?  RCW 11.28.330 seem to say just give heirs notice of
the appointment and their right to contest the appointment within four
months?

 

Jeff Davis

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210309/fd4dc1c3/attachment.html>