[WSBAPT] Advice re uncooperative heir

[jbdolan at jbdolan.com]

FWIW, I agree with Jennifer, or at the very least, have a probate GAL appointed.  I would want a court appointed third party to investigate and report, plus instructions from the court regarding distribution.  If it turns out that he indeed lacks capacity, perhaps his share could be distributed into a SNT for his benefit.

 

Jim Dolan

 

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Jones Butler Dolan, PS

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Thursday, July 21, 2022 9:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Advice re uncooperative heir

 

Suzanne,

This strikes me as a case of extreme mental illness, and I would proceed very cautiously when it comes to trying to assign away this person’s inheritance. Off the cuff – given the facts that are apparent (in & out of homeless shelters, jail, erratic behavior, illogical response to receiving large sum of $$), I would be inclined to file for a conservatorship. Let a GAL/court visitor (whatever the new appropriate term is) make a recommendation on whether it is warranted and select who would serve, etc. If he gets checked out and is competent and still wants to assign it away, then so be it. But, I could see where it could bring accusations of taking advantage of an incapacitated person to simply prepare an assignment and obtain a signature. 

Good luck! 

 

Jennifer L. White, Esq.                              



 

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

 

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 Suzanne Lieberman
Sent: Thursday, July 21, 2022 5:56 AM
To: wsbapt at lists.wsbarppt.com <mailto: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

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