[WSBARP] failed beneficiary

[Eric Nelsen]

If Will is validly executed, it should be submitted for probate. At least the executor provision will be effective, which is helpful. Then the executor has to figure out distribution given that the will's provisions fail, which I think means an administration "with will annexed" but I'd have to dig into the legal research to make sure.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Wednesday, December 10, 2014 1:55 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] failed beneficiary

Decedent's will names as his sole beneficiary a living trust that no one can prove exists.  
The original trust document has been lost and no copies have been found.
The person who drafted the will and trust only had a copy on her hard drive, which she recycled years ago when it crashed.  There is no other record of the contents of the trust. The person who says she was the trustee and sole beneficiary of the trust doesn't want to claim any interest in the estate.
I presume the estate ought to go to the heirs at law, a niece and nephew.
The nephew is named in the will as the alternate PR. 

Should the will be admitted to probate?  Or do I proceed as if there were no will because there is no beneficiary?

Rod Harmon
 
RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com
   rodharmon at msn.com





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