[WSBAPT] Language for notice to disinherited heir?

Mon Nov 1 13:43:43 PDT 2021

I'm not an expert on all things trust, as Diane says of herself, although I
doubt it, and I certainly don't want to contradict her, so I'm asking for
myself as well.  But this morning I was reading about notifications to heirs
and beneficiaries.  So, I'm thinking that the PR is obliged to send a copy
of the will and the notice of appointment as PR to ALL the heirs and
beneficiaries-even the disinherited one.  This allows all heirs and
beneficiaries to come to court to contest the will. Of course, if it's a
pour over will, you don't have to send the trust-just the will,  but I'm
pretty sure you have to send a copy of the will to all heirs and
beneficiaries.  There is nothing in the statue that says you don't have to
send the will to disinherited heirs.   But, I'm relying on the form
available on the very helpful www.wa-probate.com <http://www.wa-probate.com>
web site which offers a form Notice-Appointment-PR-WW-DM.doc (live.com)
<https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Fwww.probate-
form.com%2Fforms%2FProbate%2FOpen%2FNotice-Appointment-PR-WW-DM.doc&wdOrigin
=BROWSELINK>   that indicates a will should be sent with the notice of
appointment of the PR.  So, I'm curious myself.  Does the will have to be
sent with notice of appointment to all heirs and beneficiaries?  That's the
first question for me.  If so, then I think ALL HEIRS means even
disinherited ones.  But, I could be wrong.  That's just my thinking right
now.

I'll be looking for more discussion.  

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237> 11.28.237

Notice of appointment as personal representative, pendency of probate-Proof
by affidavit.

(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. If a trust is a legatee or devisee of
the estate or a beneficiary or transferee of a nonprobate asset of the
decedent, then notice to the trustee is sufficient.

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Diane J. Kiepe
Sent: Monday, November 1, 2021 1:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Language for notice to disinherited heir?

Erin,

I certainly am not an expert on all things trust but generally speaking,
most people use these to ensure that certain information is not disclosed.
I personally would not send a copy of the trust.  In fact, I might not take
any action.  If anything, I would direct them to the county where the Will
was filed and they can see the estate went into trust.  Thereafter, if they
request trust information, I think it is your obligation, barring direction
from the Trustee who understands his/her role, to indicated that only
"qualified beneficiaries" as that term is defined in statute are entitled to
trust information and that such person is not a qualified beneficiary
(assuming you made sure of that).  

Any person with an interest in an estate or trust is entitled to file a
TEDRA.  If you are wanting to be proactive, I would dialogue with the client
of sending a more direct letter indicating that the trust provides no
interest to the party and therefore there will be no further communication
on the same (of course you can broaden that letter as you see fit).  I
personally would only provide a copy of the trust in very limited
circumstances.

All the best,

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

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 Erin Fairley
Sent: Monday, November 1, 2021 12:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Language for notice to disinherited heir?

Dear All,

To date, I haven't needed to send a letter to disinherited heir under a will
and trust.  This is a Will that pours over to a trust; direct heir is not
named in the trust. 

What 'gentle' language do you use in this situation?   Would you send a copy
of the trust?

I appreciate your thoughts and input.

Best regards,

Erin

Erin Fairley / Attorney

erin at leschilaw.com <mailto:erin at leschilaw.com>  / (206) 353-4625

Leschi Law, PLLC

121 Lakeside Avenue, Suite B Seattle, WA 98122

www.leschilaw.com <http://www.leschilaw.com/> 

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