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

[Eric Nelsen]

I don't think there is a duty to go all the way to a paternity action, but for protection of the PR/successors, I would suggest giving this purported child every kind of notice you can manage, and place the burden on him to establish paternity.

If there were a probate, I might deal with it by stating in the petition that the mother of X has claimed X to be the son of decedent, for which the PR has no corroborating evidence and further that parentage is not presumed under RCW 26.26A.115<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true#26.26A.115>, and the PR intends to proceed under the assumption that X is not an heir unless and until it is affirmatively proved otherwise. Then give X all notices as if an heir. I think that gives the PR due process protections and places the burden on X to establish paternity.

With the small estate affidavit, maybe add a similar paragraph, and mail a copy to X the same as a successor would receive under RCW 11.62.010(2)(h)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.62.010>.

On the other hand, you might go see this guy and if there is a family resemblance to the decedent, reconsider the position. The PR does have a duty to exercise reasonable diligence to determine the heirs, so it's best not to ignore any evidence pointing towards heirship.

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 Maren Benedetti
Sent: Friday, May 21, 2021 2:57 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] potential heir - what obligation does attorney have?

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

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