[WSBAPT] Beneficiary Not Participating

[Eric Nelsen]

It does happen on occasion, in my experience. Usually inexplicable because the reasons for it are private and, generally for related reasons, the beneficiary has no interest in explaining themselves to anybody.

If they are genuinely not locatable, then it's an absentee distributee situation under RCW 11.76.200 et seq.

If they are (a) locatable and (b) refuse the funds but (c) are at least cooperative, maybe get them to sign an assignment of their beneficial interest over to the other 50% heir(s) or to somebody they want to give the money to. Or if you're within 9 months of DOD they could disclaim. But analyze what would happen to the interest in event of disclaimer under RCW 11.86.041.

If they are (a) locatable and (b) have affirmatively refused the funds but (c) are otherwise uncooperative, then it's technically an intentional abandonment. I would ask the court for permission to turn it over to Dept of Revenue Unclaimed Property Department, which gives the beneficiary at least a few years to change their mind before it escheats. (NOTE: The common law of intentional abandonment is kind of interesting. There might be other options. Call if you want to discuss.)

If they are (a) locatable but (b) are totally uncooperative and won't even affirmatively refuse, then it's not really abandonment but I'd probably do the same as if it were abandoned. Just give that beneficiary notice of a hearing on the question of whether to turn over to DOR-UCP.

I generally don't use the court registry for this type of situation, though I think I did once or twice in the past with very small amounts where the beneficiary was locatable but uncooperative. I just deposited it and filed/served a notice on the beneficiary that that's what my PR did with the $1,000 or whatever.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, June 12, 2026 3:45 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Beneficiary Not Participating

Greetings List Members -

I have a strange situation.  A beneficiary who is a 50% beneficiary (not huge, but a couple hundred thousand) has refused to participate.  Have hired help to locate.  Efforts are turning up nothing.

What is the best course of action? Deposit into the Court Registry? Give to the Department of Unclaimed Funds?  Do the Court Registry and then they move it to the Unclaimed Funds after a certain amount of time?

Never had anyone not want their money.

Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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