[WSBAPT] "Beneficiary" or Not?

Tue Mar 21 11:37:57 PDT 2023

Thanks to everyone who responded.  I typically err on the side of caution and give notice to anyone who *might* be entitled to notice.  This probate was commenced pro se by my now client before she retained me.  I was contemplating whether I need to file an amended petition, send a notice of appointment, etc.  There is a will that appoints my client as personal representative so advanced notice of the petition was not necessary.  The ex-wife was not named as a beneficiary in the petition but I don’t think the fact pattern warrants the cost of preparing and filing an amended petition.  I think I will, however, send a notice of appointment to be safe.

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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
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <roger at skyvalleylawyers.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, March 21, 2023 at 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Beneficiary" or Not?

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

Get Outlook for iOS<https://aka.ms/o0ukef>
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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

www.fordhamlegal.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.fordhamlegal.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C206ba35c2cd34c36439608db29a4408c%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638149557678255831%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=CkJS3ldxtARVMV%2FliS0zBT3tNGUOkwZrAdWgwYl1o6A%3D&reserved=0>

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