[WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

Wed Apr 5 06:53:52 PDT 2023

THANK YOU, Everyone! Much appreciated.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <roger at skyvalleylawyers.com>
Sent: Monday, April 3, 2023 4:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

I have never used it.  Seems like a probate is only a little harder and carries much more weight??

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Monday, April 3, 2023 1:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

Thanks Roger – I always forget that availability – I should print it out and keep it close by ??

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Roger Hawkes
Sent: Monday, April 3, 2023 12:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

You can also do creditors claim protection under statute without doing probate.

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 Diane J. Kiepe
Sent: Monday, April 3, 2023 12:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

Hi Fern,

If the estate is under $100K and no real property a small estate affidavit ought to do the trick.  In the alternative, to take advantage of the Creditor Claim statute (which I always think is a good idea – well nearly always), she can open a probate under RCW 11.28.120(2)€ which does provide for a niece to serve.  In your petition just cite facts of there being no surviving parties ahead of her to serve.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Fern Herbert
Sent: Friday, March 31, 2023 5:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

Hello Listmates:

This one has me stumped.

Aunt died intestate. Niece is the only surviving relative. Estate is under $100K. Outside of probate, is there a legal proceeding that would allow the niece to administer the estate and get it settled? She was listed as the emergency contact but that's all.  I do not see any provision for a niece in the intestate line of succession. This woman needs to lay her aunt to rest and get her estate settled, but there does not seem to be any provision in the law for her to recover any expenses that she may take out of pocket to do this. Will the estate go to the State?  Is there a way for her to be reimbursed for her aunt's final expenses?

Input from colleagues is appreciated. I may be missing something.

Fern Herbert

Managing Attorney

Zenith Law Group, PLLC

Business Mailing Address

4320 196th St. SW B-712

Lynnwood, WA  98036

Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

________________________________

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