[WSBAPT] notice to heirs

[Eric Nelsen]

I typically advise that the PR must exercise "due diligence" meaning follow up on any available clues as to location of the heir, and ask anybody they know of who might be in contact with the heir. But the efforts need only be "reasonable" and I judge that mainly by evaluating how much money the heir is likely to receive, and how much it would cost to take additional steps like hiring an investigator. If the heir is likely to get, say, $30,000, it seems like the Estate could spend a few hundred dollars attempting a skiptrace with an investigator. BUT that investigation could also happen after appointment, so the PR has access to estate funds to pay for it. Then once the heir is located, give them notice.

The other factor I think about is the likely consequence if the heir shows up later-what difficulty it might present for the estate. Usually that's not an issue because nothing the estate does is likely to prejudice the heir. So if we can't get a good address for an heir right away, I'd still file with "address unknown" and follow up afterward.

Keep in mind that heir search companies do monitor filings and they'll track down and approach missing heirs and ask for a cut in exchange for letting them know about a possible inheritance. If client wants to avoid that possibility, best to do more due diligence at the beginning so you don't have to identify an "address unknown" heir. If the heir is going to get a big chunk of money, then I think if at all possible, do an heir search or hire an investigator before opening probate to try to locate them, to avoid this issue.

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 Diane J. Kiepe
Sent: Wednesday, March 17, 2021 1:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] notice to heirs

Hello all - I know that the law states you must notify heirs of a decedent when probate is opened - every now and again I struggle on how much effort is enough effort - especially in this day and age where people are so transient and I am hearing more and more about folks going to parts unknown, living on the streets, etc.  I have now received a potential project where I believe there is an actual missing person's report on file with the police of the county.  The state The person is only an heir, not a beneficiary under the Will.  Would be curious of your thoughts.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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