[WSBAPT] potential heir - what obligation does attorney have?

Maren Benedetti Maren.Benedetti at adamslawyers.com
Fri May 21 14:57:19 PDT 2021


I have a client whose son recently died. He had very little property, a mobile home and a very small bank account. There was no Will, so everything to surviving mom. Client's daughter is helping her and they have asked me to prepare the affidavit of inheritance for the mobile home and they were intending to gift it to the son's long time friend and current tenant in the mobile home.

Yesterday the daughter received a text from another friend of the son who informed her that she and the brother had a child together 28 years ago but paternity was never established and there is no evidence that he ever knew about this child or met him. She provided the name of the purported child and place where he lives.

Do we have any obligation to 1) track this guy down, 2) find out if he is actually the son?

Maren Benedetti
Attorney

ADAMS & DUNCAN, INC., P.S.
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Maren.Benedetti at adamslawyers.com<mailto:Chris.Adams at adamslawyers.com>
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