[WSBAPT] Duty to notify contingent beneficiaries?

[Eric Nelsen]

No duty to notify contingent beneficiaries. Notice goes to heirs at law, legatees and devisees, and known beneficiaries of non-probate assets, under RCW 11.28.237. Definition of heirs at law is definitely only the actual heirs at the time, not hypothetical heirs. And once the beneficiary survives by 120 hours or whatever is required under Ch. 11.05A RCW, their inheritance vests and the contingency lapses.

All that said—I have not yet encountered the one scenario where I think it could get weird: Decedent dies with Will defining “surviving” as “surviving me by 60 days.” Notices go out to living beneficiaries on day 21; on day 42, one of the beneficiaries dies, and their gift under the Will instead will go to a contingent beneficiary who didn’t receive the initial notice.

Is there a duty to give notice of appointment to that contingent beneficiary? I think yes, but only at the time they “become” a beneficiary, after day 42. Before then, they are not entitled to notice.

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 Suzanne Lieberman
Sent: Friday, March 12, 2021 10:51 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Duty to notify contingent beneficiaries?

Does a PR have a duty to notify contingent beneficiaries of opening probate if contingent beneficiaries are not receiving anything (because primaries still alive and/or not disclaiming)?

Thanks,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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