[WSBAPT] WSBAPT Digest, Vol 78, Issue 12

[Jeff at bellanddavispllc.com]

I read the In re Estate of Little case, cited by Ms. Rydberg, but still think I do not need to list the heirs, but certainly must notify them of the probate and provide them a copy of the Will.  The Court in Little continually talks about notifying heirs, not necessarily requiring them be listed in the Petition.  However, that ruling and Mr. Sullivan's comment raises the question as to how far down the list of heirs must be notified.  I have a surviving sister, an only sibling, from whom I obtained the names and address of 1st and 2nd cousins.  The parents are dead.  Do I need to send notice to second cousins who will not take if the Will is invalidated?

Jeff

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Wednesday, March 10, 2021 11:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WSBAPT Digest, Vol 78, Issue 12

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
>> 
>> -----Original Message-----
>> From: wsbapt-bounces at lists.wsbarppt.com 
>> <wsbapt-bounces at lists.wsbarppt.com>
>> On Behalf Of wsbapt-request at lists.wsbarppt.com
>> Sent: Tuesday, March 9, 2021 12:00 PM
>> To: wsbapt at lists.wsbarppt.com
>> Subject: WSBAPT Digest, Vol 78, Issue 12
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