[WSBAPT] "Beneficiary" or Not?

[Roger Hawkes]

John is right of course, as always😊 but belts AND suspenders ensure pants won’t fall down, and take very little effort to install.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Monday, March 20, 2023 9:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Beneficiary" or Not?

Inge:

If I understand the fact pattern correctly I’d say they’re no longer beneficiaries because the asset - an option - merged into the property when it was sold on the REK. They are now debtors of the estate because the REK is an asset of it, right? I would not send them a formal notice of appointment. But I would write a letter where to send payments on the REK going forward.

John J. Sullivan
Sent from my iPad


On Mar 20, 2023, at 8:50 PM, Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>> wrote:

I vote with Roger.  Too much notice is better than too little.
Phil Jones

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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 <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>>
Sent: Monday, March 20, 2023 5:32:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Beneficiary" or Not?


I suggest you give notice to everyone who might have an interest.



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 Inge Fordham
Sent: Monday, March 20, 2023 4:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] "Beneficiary" or Not?



I am handling a probate where the decedent reserved an option in his will for his ex-wife (and her current husband) to purchase real property.  If they didn’t want to purchase the property, it would go to the decedent’s children.  Decedent subsequently entered into a REK with ex-wife and current husband (no question as to validity).  My question is whether ex-wife and current husband are beneficiaries under the will (and thus should be listed in the petition and provided with the notice of appointment)?



Thanks,


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Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

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