[WSBAPT] beneficiary dies after incomplete distribution - intestate estate

[Philip N. Jones]

Doesn’t the check belong to the estate of the deceased daughter?  Doesn’t it require probate?  The intestacy laws that relate to your decedent might not apply to daughter; she might have had a will, for example.  I’m not trying to cause extra work here, but there is a reason (or two) for probate, such as protecting daughter’s creditors. The PR needs to CYA.  As do you.
The daughter’s estate can cash the check.  No need to re-open your probate.  Not your problem.  The question you ae asking seems to be someone else’s problem.
Or am I missing something here?  Is it getting too late to try to answer these questions?  Maybe tomorrow I will have a better answer . . . .
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, September 23, 2021 3:22 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
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/20210924/1dbf8daa/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7674 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210924/1dbf8daa/image001.png>