[WSBAPT] notice of appointment

[Kate Szurek]

Our decedent in his Will exercised the limited power of appointment given to him to change the remainder beneficiaries to his late wife's trust (appropriately limited class of beneficiaries).

RCW 11.28.237 says to give notice of his appointment as PR and the admission of his Will to probate to each "heir, legatee and devisee."  Does the fact that any certain person is merely named in a Will make him/her a "devisee" or "legatee" even though that person will receive nothing at all from the decedent's estate?

It certainly seems prudent to give the statutory notice to all persons directly impacted by the exercise of the LPOA.  But I am not finding anything directly on point as to whether that is required of an estate?  I know the successor trustee has notice duties, but that person is not our client.

I'll dig deeper.  And may give notice, just to be safe.  But maybe one of you has direct experience with this question, or knows of some case law.

Thanks, as always, in advance!

Kate

Kate Szurek, J.D., LL.M. (in Taxation)
kate at skagitlaw.com<mailto:kate at skagitlaw.com>

[SkagitLaw_Signature (2)]
Skagit Law Group, PLLC
P.O. Box 336 / 227 Freeway Drive, Suite B
Mount Vernon, WA  98273
360.336.1000
360.336.6690 (fax)
http://www.skagitlaw.com<http://www.skagitlaw.com/>


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