[WSBAPT] Estate Distribution Interpleader
Sarah McCarthy
sarah at kawlawyers.com
Wed Sep 23 13:07:54 PDT 2026
Please reply to the list! I've never attempted an interpleader, but I have
a similar situation at present, so I'm glad to see ideas being shared on
this.
*Sarah O’Farrell McCarthy*
*(Pronouns: she / her)*Attorney*, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
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(Located on Whidbey Island, Island County, Washington)
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On Wed, Sep 23, 2026 at 12:48 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:
> Is Bob’s share over $100k?
>
> If under, perhaps you could request a small estate affidavit from mom?
>
> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>
> Just a thought.
>
> Heather S. de Vrieze
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
> *Sent:* Wednesday, September 23, 2026 12:40 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Solo and
> Small Practice Section <solo-and-small-practice-section at list.wsba.org>
> *Subject:* [WSBAPT] Estate Distribution Interpleader
>
>
>
> Dear All:
>
> A Personal Representative, with nonintervention powers, is ready to make
> distributions from a testate Estate. Unfortunately, one of the
> out-of-state legatees (let's call him "Bob") recently died and no probate
> action has yet been initiated for Bob. We believe Bob had no will and we
> have located a person who we believe to be Bob's sole heir (his mother).
>
> At this point, I am planning to petition the Court to approve
> distributions from the Estate, supported by an accounting. I plan to give
> appropriate notice of this petition to Bob's mother. My petition will also
> seek permission from the Court to interplead the funds that would have
> otherwise gone to Bob. That way, we can get our distributions out of the
> way and then leave it up to Bob's estate, whenever established, to collect
> the funds from the Clerk of the Court.
>
> 1. Is this the right approach?
>
> 2, Could any of you provide an example of language for the petition to
> request permission to interplead Bob's funds?
>
> In advance, thanks for your continued help here.
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209
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