[WSBAPT] Family section of will/trust

Mon Oct 23 09:29:46 PDT 2023

This war story reminded me of a recent one of my own, fortunately living client and able to quickly resolve.

Client of mine since the early 2000s who had always maintained no relatives except an aunt and cousin. Over the years, aunt died leaving only the cousin. One day she calls me up and says she wants to leave something to her sister. "SISTER" I say, how come you never told me about her. Turns out, it was a half sister, dad had had a relationship with a young woman in Europe at the end of WWII. She only found out about this sister as an adult (though well before she knew me) and didn't think she was relevant because of the "half" status and "out of wedlock" etc. Plus, they didn't have a relationship.

I do try to tease out information, sometimes asking probing questions like "you have four grandparents, are you sure none of them had any other children" and similar. Whenever I have a client who tells me they have no family, I remind them that everyone has family. It is important to list them.

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Moe
Sent: Friday, October 20, 2023 6:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Family section of will/trust

Great answer and nice war story!  Mine follows (SAME WARNING), and it's not over:
I assisted a will client gentleman with no living spouse, descendants, parents, nieces or nephews.  His only sibling, a brother, also had no children or descendants.  From 1993 to 2008, I assisted him with three successive wills. All had primarily charitable beneficiaries.   In 2008, he was 75 years of age with the brother (his sole heir at law) dying of cancer. I made sure I had notes showing his next nearest relatives (1st cousins, once, twice, and three times removed)).  He made a cash gift to the dying brother and  one first cousin, and to a few other persons, but that 2008 will provided that the residue of the estate pass in shares  to six charitable organizations. The prior wills also contained substantial charitable gifts, showing a consistent pattern.
 I had no contact with the client after 2008.  He died recently, having become a reclusive hoarder unwilling to accept help from neighbors or kin.  He was found near death at his home and died several days later in hospital, unable to communicate much regarding his intent, or what happened to his will..  My business card was found in his wallet.  The cleanout of his home required hazmat protective suits.  Now the estate is back in my lap, the original will is missing.  If the will is not proven and admitted to probate, his estate (appx $2MM) will be divided among at least 66 heirs at law, with nothing to the charities. I have beautiful copies of his 2008 will.  Subscribing witnesses are still available.  But I do not have much to show regarding his estate planning intent after 2008.  How I wish I had been able to convince him to have his original will put in the court repository!  We are still searching for a few of his heirs, and requesting help from all heirs that will respond to our inquiries.
Yes, make detailed notes regarding the heirs at law, and mention them in the will.  I recommend showing names and city or town of residence.  And for single persons at least, I recommend the suggesting the Will Repository at your county superior court clerk if one exists.  I am offering this at no cost to such clients (surviving spouses, etc.) these days.  I document this recommendation in my file notes also.  This matter seems more complex by the day!  For one thing, appointment of a Special Administrator under RCW 11.32 may be upcoming.  In the event of a will contest, I may be a witness.
BTW, suggestions, recommendations, and offers of help are most welcome on this, my "perfect storm" estate matter.
Dave Moe

David Moe Attorney, P.S.
Telephone:  425-432-1277
Fax:  425-432-1280
Cell: 206-427-6833
23745 225th Way SE, Suite 108
Maple Valley, WA 98038
davidmoe at maplevalleylaw.com<mailto:davidmoe at maplevalleylaw.com>
davidmoe at maplevalleylaw1.onmicrosoft.com<mailto:davidmoe at maplevalleylaw1.onmicrosoft.com>

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 Philip N. Jones
Sent: Friday, October 20, 2023 4:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Family section of will/trust

You should list the closest living relatives.  In other words, the intestate heirs.  They will need to receive notice after the testator dies.  You will be doing the PR a favor by listing them.  Tell your client that they will need to receive notice, even if they inherit nothing.  That will reduce your client's resistance to listing them.
Yes, I would list both siblings.  I would probably even list all of the nieces and nephews.  If some do not receive anything, you might even include a sentence that they are not getting anything.  That might seem a little harsh, but it eliminates the argument that the testator simply had memory problems and forgot them.
In any event, the attorney notes MUST include the fact that the testator told the attorney that he was leaving them nothing intentionally.  The attorney notes are crucial.
On the subject of listing the closest living relatives (WARNING: WAR STORY FOLLOWS):  I once probated a will where the will said nothing about closest living relatives.  I called the drafting attorney and asked why.  He said that his client told him, "I have no family."  Nonsense, I thought.  Fortunately the family name was not common, and they all came from the same region of the same state.  By the end of the day, I found myself on the phone with the decedent's identical twin brother.  The decedent had been disowned by his family for marrying outside of their church.
Everyone has a family.  Recite them in the will.  Always.  Someone will thank you some day.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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 Ann Manley
Sent: Friday, October 20, 2023 4:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Family section of will/trust

For clients with no kids, what do you put in the "Family" section? Just folks who are being named as beneficiaries?

If a person wants to leave something to one sibling, but not the other, do you list both to show that you didn't forget one? How about when a few nieces/nephews are listed but not all?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com/>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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