[WSBAPT] WSBAPT Digest, Vol 78, Issue 12

[John J. Sullivan]

Footnote: I do vaguely recall a case that says the only time there’s a remedy for missing the 20 day deadline on sending the Notice is where it results in actual harm. 

So ... if the heir had a legitimate will contest claim the court might toll the four month SOL. But not automatically. 

Sent from my iPhone

> On Mar 10, 2021, at 11:14 AM, John J. Sullivan <sullaw at comcast.net> wrote:
> 
> I don’t believe the SOL on will contests is tolled by failure to provide the Notice of Appointment. I just had a client who was an “illegitimate” heir discovered through commercial DNA system receive Notice a year later when the four months is long expired. The heir wouldn’t have a claim anyway, but I don’t see a statutory condition of the four months running that Notice be sent out. 
> 
> To be fair, I had long assumed it did, and I think the PR’s attorneys gave the right advice to mail Notice in that case. Also, it appears they were in compliance with the Notice requirement, assuming they only became aware of the heir later. The decedent had been aware, but did not mention the heir in the will. 
> 
> Am I missing something?
> 
> John J. Sullivan 
> 
> Sent from my iPhone
> 
>> On Mar 10, 2021, at 10:28 AM, jcrspicatto at gmail.com wrote:
>> 
>> Jeff,
>> 
>> All intestate heirs must be listed in the Petition and given notice.  They
>> have standing to challenge the validity of a Will that disinherits them; the
>> 4 month statute of limitations to do so only starts when they are given
>> notice of the probate proceeding.   Listing them in the Petition as
>> disinherited but intestate heirs, is an allegation of such by your client.
>> That allegation becomes res judicata, claims preclusion only if they are
>> alleged and given notice.  See In re Little, 127 Wn App 915, 113 P 3rd 505
>> (Div 1, 2005).
>> 
>> Jenny Rydberg, JD
>> 206-550-5491
>> 
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>> Subject: WSBAPT Digest, Vol 78, Issue 12
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