[WSBAPT] Not enough funds :(

[Eric Nelsen]

I agree with Jane; it’s a due process thing. Sending the explanatory letter with the statutory notice is a great idea IMHO.

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 Jane Bitz
Sent: Friday, March 26, 2021 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Not enough funds :(

Judy:

I think the answer is yes because:

RCW 11.28.238 (1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause.

I would send a cover letter with the Notice of Appointment of PR to the charities explaining what you have explained below.

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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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 Judy Nakashima Shoji
Sent: Thursday, March 25, 2021 4:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Not enough funds :(

Listmates,

Testator left $3,000 from cash left on hand to be given her seven grandchildren.  Any remaining from cash on hand to be split between two named charities.  She did not leave enough in her accounts to pay the grandchildren the full amount so nothing left for the charities.  Am I still required to notify the charities explaining they were mentioned in the Will but no money left to fulfill her bequest?



Best regards,

Judy Nakashima Shoji
Attorney at Law
2400 NW 80th Street, # 511
Seattle, WA  98117
(206) 947-0649

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