[WSBAPT] beneficiary dies after incomplete distribution - intestate estate

[Joshua McKarcher]

Wilbur Josh,

The (now-deceased) intestate heir survived your intestate decedent by 120 hours. At that moment she (and now her estate, but not necessarily her heirs at law) succeeded to a share of your decedent's estate - i.e., her interest vested, regardless the eventual distribution date, or else the survivorship statute means nothing.

My own view is that the check from your estate belongs to the PR of the deceased heir's estate, to be negotiated by her PR no different than any other asset remaining at her death. It is for HER estate's PR to determine who it belongs to.

But, in turn, if I'm understanding correctly, this is the only asset (other than, presumably, some tangible personal property) of the deceased daughter's estate, which in any event is worth less than $100k.

If so, it seems that a small estate affidavit works if signed by the two (or the authorized one of the two) intestate heirs of your deceased heir. Then you can rightly deliver $45,000 to each (or $90,000 to the authorized one) pursuant to the affidavit. (This assumes the deceased daughter did not leave any predeceased children with surviving descendants. If she did, you have more heirs at law to consider. And sitting above all of this is having confidence that your deceased heir did not leave a will.)

Next, I'm not sure that you would need to reopen your case if, for example, the deceased daughter already had signed a release in your case, and one of the following is feasible:

  1.  The bank issuing the $90k check accepts the uncashed check; the payee's death certificate; the small estate affidavit related to the payee's estate; and your written instruction to pay half to each small estate affiant.
  2.  Even better, if the $90k check is drawn on your firm's IOLTA, then you void it, collect the paperwork above for your records, and send checks to the two affiants (the sole heirs of your deceased heir).
  3.  Or, if your deceased heir does indeed have a PR appointed, then the check (in its current form) belongs to the estate and should be deposited to the new estate checking account established for the deceased heir's (daughter's) estate.
I hope something above helps! If I'm all wet, I'll take my licks!

All my best, Clarkston Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.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 Josh Grant <jgrant at accima.com<mailto:jgrant at accima.com>>
Sent: Thursday, September 23, 2021 3:29 PM
To: wsbar trust
Subject: [WSBAPT] beneficiary dies after incomplete distribution - intestate estate

I am assisting a court pointed administrator of an estate
the final proceeds check was sent to one of two surviving daughters, who are the intestate heirs.
the estate was closed.

before cashing the $90,000 distribution check, one of the daughters passed away.

that deceased daughter left 2 daughter, who are adults.
we will re-open the estate
PR wants to cut a check one half to each granddaughter.
If the heirs are determined at the date of death, then that would work, and because the one deceased daughter had no other assets, her estate would qualify as a small estate and the granddaughters can give the PR a notice of claim of successor.
I just wanted to make sure that the other surviving daughter who survived the decedent, isn't entitled to her sister's one-half.
Josh


Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210924/c31a8b46/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[1].png
Type: image/png
Size: 7674 bytes
Desc: advocates[1].png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210924/c31a8b46/advocates1.png>