[WSBAPT] Duty to notify contingent beneficiaries?

[Eric Nelsen]

I don’t think there is any duty to search for independent indications of someone’s death. Most of the time the PR is in touch with everybody so it’s not an issue, I think. I suppose on the rare occasion the PR might find out only by having the mailed distribution check returned. But 99% of the time I think the PR has some contact with heirs prior to distribution, and will find out if someone passed away.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Friday, March 12, 2021 12:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Duty to notify contingent beneficiaries?

I agree with Eric’s analysis.  Practical side is how does the lawyer get knowledge of folks dying?  Are we supposed to check some database for all possible names??

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 Eric Nelsen
Sent: Friday, March 12, 2021 11:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Duty to notify contingent beneficiaries?

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>

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 Suzanne Lieberman
Sent: Friday, March 12, 2021 10:51 AM
To: wsbapt at lists.wsbarppt.com<mailto: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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