[WSBARP] failed beneficiary
Eric Nelsen
Eric at sayrelawoffices.com
Wed Dec 10 15:43:02 PST 2014
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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