[WSBAPT] Beneficiary Being Left In the Dark

[Joshua McKarcher]

I'm with Dalynne if (1) your client is an intestate heir at law, and (2) there is any reasonable probability that there are assets to pay your client's fees and costs.

Unless I am mistaken, she will almost certainly be the only person to have done anything to administer this estate PROPERLY. I mean, what are the other options?


  1.  Someone who has the will and is nominated PR simply hasn't done so? That should be cause for them NOT to be appointed if they suddenly showed up after your filing. Your client's costs should easily be covered as "the only intestate heir who did anything after trying to give those with priority a chance to do something."


  1.  Intestate heirs with priority of appointment who also have not opened an administration but have just "self-helped" to decedent's assets? Your client's costs should again easily be covered for the same reason above.



  1.  Some trustee is administering an RLT with pour-over will that nobody probated or even filed with a court? Well, if someone told her she was a beneficiary and then again did nothing to inform her properly, her petition for probate - even if met with a pour-over will admitted for probate - will get her information about the trust of which she may or may not be a beneficiary. But again, unless your judges are super stingy, he action to actually GET THE WILL TO A COURT as required by law should earn her fees and costs.

Unless there are no assets, or they were wiped out by a Medicaid lien or secured creditor - and nobody has the manners to simply tell your client that - then she seems in a good position to get a Superior Court to compel a proper administration of this decedent's estate.

Her family are not playing by the rules we all agree to live by. I dislike that, as I dislike bullies. I hope she chooses to proceed.

Good luck!

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, May 5, 2022 5:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Beneficiary Being Left In the Dark

If there's nothing in the court record, and there isn't any family member who is willing to clue her in as to the details of what is going on-even identifying which family members are the ones feuding-then there's not much that can be done. Maybe have the lawyer send a letter to the most likely family members demanding information?

Granddaughter could make the demand and back it up with a threat to force the issue by petitioning to be appointed as Administrator if she isn't provided with information. Expensive, but that would be quite likely to get a rise out of them.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>
Sent: Thursday, May 5, 2022 3:59 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Beneficiary Being Left In the Dark

Agreed, and we did that.  Have not found anything in the name of the deceased.


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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 Eric Nelsen
Sent: Thursday, May 5, 2022 3:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Beneficiary Being Left In the Dark

I'd start with a case search to see if you can find the probate. I wouldn't waste time trying to get a response from family members if they've been so unhelpful for so long.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>
Sent: Thursday, May 5, 2022 3:17 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Beneficiary Being Left In the Dark

Listmates,

Grandmother passes away in 2020.  Granddaughter gets a call from uncle saying we need your name and contact information because you are a beneficiary.  Time goes by and granddaughter hears nothing.  Granddaughter makes inquiry by email and text, asking for information as to what is going on, a case number if probate is opened, the name of the attorney handling it, etc...  She is given the cold shoulder.  She has heard from other family members that there was some sort of a dispute between some of the family but no one is giving her any information.  Two years later and she has not received anything.

Granddaughter does not know if there was a will, a trust or if grandmother died intestate.  The situation is a bit strange to me because they reached out to her first and then disappeared on her.  What are your thoughts and how would you approach this?  Thanks.

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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