[WSBAPT] heirship adjudication petition

[Bruce Moen]

The estate  can hire an hourly heir searcher to search and report back.

Alternatively, you can ask the court to appoint a G.a.l. to investigate and to report back to the court.

Rather than an adjudication of heirship,  I think better to report the heirship as it appears now and the efforts  made to ascertain the heirship.  Petition the to adjudicate the reasonableness of the efforts of the PR and that those efforts have met the standard of care of a prudent PR.  The petition should be fact-specific and provide a factual basis for the court to understand the background. Then (now or later) ask for authority to distribute in accordance with the heirship report that the court has approved as the result of a reasonable effort.

I recommend that the PR does not ask the court to adjudicate heirship because an unknown surprise heir may show up years later and accuse the PR of negligence.

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Tuesday, October 19, 2021 9:00 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] heirship adjudication petition

Hello, everyone -

I would appreciate hearing from folks who have prepared petitions to adjudicate heirship in an intestate estate. PR believes the decedent might have fathered a child, and he would be the heir if he is lawful issue.

Thanks!
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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