[WSBAPT] How much Diligence is required?

[Sara Longley]

I have no answers but I do have the same question, for a probate of a single man with no known family who left his estate to a friend via a properly executed will.  The friend knows he was an only child and believes he has no surviving family but of course they don't know what they don't know.

I'd love to know if anyone has been advised by a court on this issue or has "best practices" advice short of a full heir search, in a situation where said heirs don't stand to inherit anything.

I hope this isn't hijacking your question!

Best,
Sara Longley


Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
Fax: (206) 834-6044
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

[cid:image001.jpg at 01CF48D6.0249B5A0]

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather de Vrieze
Sent: Monday, January 10, 2022 4:17 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; 'KCBA Real Property, Probate and Trust Law Discussion List' <realpropertyprobatetrustlaw at lists.kcba.org>
Subject: [WSBAPT] How much Diligence is required?

I am curious about how much searching to do for potential heirs for notice only.

Decedent had a Will drafted and executed 10 years prior to her death, by an attorney, giving her entire estate to the same person she named as her Personal Representative. This beneficiary happens to be the son of her ex-husband, who was born after their relationship (so not technically his step-mom). The Will recites that decedent is single and has no children.

In searching for relatives to provide notice of the probate and appointment of Personal Representative, we have been able to determine that our decedent was an only child (at least on mom's side) whose mother died when she was a child, it appears that her mother's parents may have adopted her as she is listed in their obituaries as a surviving child and they are listed as her parents on a death certificate from 25 years ago (she was born in 1935).

So far research has uncovered these documents and obituaries, but no definite record of an adoption. It is also undetermined if her birth father had children after her mother's death. Having spent some considerable dollars investigating so far, I'm needing to advise my client about the most reasonable course of action. If he stops the research, they aren't prepared to confirm that he has exercised due diligence yet to track down heirs, and want several thousand dollars more to keep digging. This is probably the safest course of action, since if he doesn't find and notify the intestate heirs, he may have to fight this later. On the other hand, client may not want to keep spending money just so some unknown relatives can get notice that they aren't getting anything. Heirs are either biological ½ siblings (or their descendants) or descendants of adoptive siblings (biological cousins or their offspring).

Interested if anyone has experience or recent research into the issue of how much is enough (or not enough).

Heather


Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D8063F.5CD2E120]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220111/1de02b1d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3152 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220111/1de02b1d/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 6079 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220111/1de02b1d/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 4717 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220111/1de02b1d/image002.png>