[WSBAPT] Missing heir

[Eric Nelsen]

I don't know of an article, but I think in other contexts the PR's duty is pretty much always "reasonable diligence" to locate an heir. The cases tend to be about using "reasonable diligence" to give notice of the probate to the heir.

Depending on the size of the inheritance going to that person, and the reasons that person hasn't been found already, that could just a flat-fee quick investigator skiptrace, or might involve heir search or more thorough methods.

I think the duties of the agent are mostly encompassed by the statutes-just hold on to the inheritance for three years, then turn it over to DOR's unclaimed property division. I do not think agent has investment authority; their liability arises only if they fail to "care and preserve" the estate. RCW 11.76.230. While I have had an agent hold onto personal property, it was an unusual situation; generally I reduce the inheritance to cash and ask for authority for the agent to stick it in a blocked account and get bond waived. I do also ask the court for authorization to deduct from the inheritance all fees and expenses related to setting up the agent.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ken Luce
Sent: Tuesday, January 11, 2022 10:38 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Missing heir

Anyone know of an article involving duties and responsibilities of appointed agent by the court to hold funds of an heir that cannot be located. Appt under rcw 11.76.  Is there a duty to attempt to find the heir?

Kenyon Luce
Luce & Associates, P.S.
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