[WSBAPT] out-of-state beneficiary dies after survivorship period, will won't be probated

[Philip N. Jones]

The concern, of course, that the Oregon decedent might have had creditors, and you are being asked to distribute  to the beneficiaries of the will without a probate.  The other concern is that the will might not actually be valid, or might not be the last will.
Perhaps ask the recipient of the funds to sign an indemnification agreement with an attorney fee provision.
That solution is not perfect, but it should be OK given the small amount involved.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 853-1482 cell

On Jul 29, 2022, at 5:31 PM, Chandra Lewnau <chandra at lewnaulaw.com> wrote:


Decedent dies and probate is opened in WA. I represent the PR. About a year later, one of the beneficiaries dies. Beneficiary lived in Oregon, was survived by two adult children, and had a pourover will and a living trust. Living trust leaves everything 50/50 between the one child and a special needs trust for the second child. Oregon beneficiary's family don't want to open a probate. The bequest is only a few thousand dollars so it is not worth their while.

What formalities should the PR require to distribute the small bequest? The Oregon small estate affidavit procedure requires that the property be located in Oregon. The Washington small estate affidavit statute states that the decedent must have lived in Washington. I was thinking of just doing a modified small estate affidavit signed by the child who is also trustee of the living trust to at least have something. I think the chances of there being an issue are very low so I am looking for an alternative to opening a probate or depositing in the registry of the court.

Any advice appreciated.

--
Chandra M. Lewnau  |  Attorney
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