[WSBAPT] Language for notice to disinherited heir?

[Diane J. Kiepe]

Hello Susan,

As your rightly read, when a probate is opened (not merely a Will filed with the court which is sometimes done where a trust is fully funded – a Unicorn indeed but I’ve seen it with my own two eyes 😉), all heirs must be notified (even the disinherited ones).  There is no statutory obligation to send the Will and we generally don’t here in our office but sometimes do as a matter of curtesy.

If a probate is not opened, and the Will just put on file, no notice necessary.

No contradiction between us and heck – if I were wrong I’d welcome the correction  - the day I believe I know it all would be a sad day indeed.

Happy Monday.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of sdonahue at sdonahuelaw.com
Sent: Monday, November 1, 2021 1:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Language for notice to disinherited heir?

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 11.28.237<http://app.leg.wa.gov/RCW/default.aspx?cite=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)
sdonahue at sdonahuelaw.com<mailto:sdonahue at sdonahuelaw.com>

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 Diane J. Kiepe
Sent: Monday, November 1, 2021 1:03 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?

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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