[WSBAPT] SB 5132 - electronic wills, powers of appointment, Rathbone "fix"

Tue Mar 30 15:42:11 PDT 2021

Nicholas, thank you for referring below to SB 5132<https://app.leg.wa.gov/billsummary?BillNumber=5132&Year=2021&Initiative=False> (click that link for the bill’s information) in your response. Perhaps I’ve missed emails about it, but I had no idea this bill was pending with such significant updates to Washington probate and trust law.

I see the “Rathbone fix” is “Chevron deference for probate.” The PR’s interpretation of an ambiguous portion of a will is rebuttably presumed to be reasonable. Fun!

In case anyone else has missed it, be sure to click through the link above, or here is a PDF of the proposed 102-page bill: http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Senate%20Bills/5132.pdf?q=20210330144944

Definitely worth 15-20 minutes of scrolling and review to see what’s coming.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Tuesday, March 30, 2021 2:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Unknown charitable beneficiary of Will

I agree with Paul and Michael. The testator may have meant Northwest Harvest, which operates a Food Bank in Seattle. You could check with their planned giving officer, Anne Knapp, if they have resources for helping to interpret that provision of the Will. https://plannedgiving.northwestharvest.org/
On a statutory level, see RCW 11.96A.127<https://app.leg.wa.gov/rcw/default.aspx?cite=11.96A.127>. You could bring a Petition for Instructions to ask the court to interpret where the charitable bequest should go. If you have the WSBA Estate Planning, Probate, and Trust Administration Deskbook, see Section 4.7(5) for a discussion of missing charitable beneficiaries.
I think also under Rathbone the executor could probably interpret that provision to mean Northwest Harvest. Although the “Rathbone Fix” (SB 5132<https://app.leg.wa.gov/billsummary?BillNumber=5132&Year=2021&Initiative=False>) is likely to pass this term, so you may not have Rathbone as a basis for much longer!
Best,
Nick

From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Tuesday, March 30, 2021 at 2:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Unknown charitable beneficiary of Will

Maybe:  https://www.northwestharvest.org/?gclid=EAIaIQobChMIv9rkz_PY7wIVszytBh3FPw96EAAYAiAAEgIpNvD_BwE

They say they have over 375 food banks.

[cid:image001.jpg at 01D7257A.923650F0]
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 Heather de Vrieze
Sent: Tuesday, March 30, 2021 1:45 PM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Unknown charitable beneficiary of Will

I have Probate with a Will which identifies numerous charities as residuary beneficiaries. I’m having trouble locating/identifying one of them. Specifically “Northwest Food Bank, Seattle, WA”.

Any bright ideas for determining who this might be, or if they don’t exist, identifying an option for handling the share of the estate designated to them.

Thanks,

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D7257A.923650F0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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