[WSBAPT] Advice re uncooperative heir

[Diane J. Kiepe]

If you know where he is (and even if you loose track of him) you may have to file a TEDRA and ask the court for instructions.  I am not sure how you could otherwise transfer to anyone other than him without a disclaimer, court order or a TEDR Agreement.  I would almost think the court would require a guardian ad litem to represent this person unless it can be shown he is competent.  I don’t think the average thinking person would both refused $900K and refuse to cooperate in signing documents to allow the estate to be administered.

Would love to know how things end up! Best of luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Thursday, July 21, 2022 5:56 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Advice re uncooperative heir

Hello,

We have a client (sister of decedent), PR of intestate estate, whose only heir was missing at the beginning of probate, found 2 months in. He has been in and out of jail/on and off the streets, etc and agreed to accept a cell phone from my client (spent one night with her) - and now wants nothing to do with his inheritance or his aunts/remaining family.  He is inheriting about $900k.

Client wants to attempt to do an assignment of interest and receipt/waiver for him per his original wishes but he is in and out of Uplift (homeless assistance in Seattle) and at the moment the staff there with the most contact says he won't sign anything - but he still doesn't want his money. Anyone know what should be done at this point to break this stalemate? Does the PR just need to keep trying to get him to either take the money or assign his interest however long that takes or can the court get involved?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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