[WSBARP] Possible escheat

Eric Nelsen Eric at sayrelawoffices.com
Tue May 27 13:43:24 PDT 2014


Bryce--A colleague I know recently used

 

http://www.heirsearch.com/contact

 

with great results. Decedent was an eastern European who immigrated to the
US in the 60s, no known relatives. Even his close friends from the past
30+ years had never heard of any children or living relatives of any kind.
The firm found his adult son, living in his ancestral country.

 

I don't think you can just get a blanket waiver of the 40-day requirement
of
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.28&full=true#11.28.120>
RCW 11.28.120, but subsection (7) does give you some ability to get a
non-priority person appointed even within the 40 days. But you'd need a
waiver under subsec. 5(a) from DOR in this possible escheat situation. In
my limited (one case) experience, DOR is pretty cooperative when it's
clear to them that they'll get the benefit of administration without
spending State resources on it--particularly when there may be a good
chance that an heir will be found.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, May 24, 2014 1:57 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] FW: Possible escheat

 

 

 

This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender
immediately.

To ensure compliance with requirements imposed by the IRS, we hereby
inform you that any U.S. tax advice contained in this communication
(including attachments, if any) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any matter addressed herein.

 

Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

P.O. Box 488

Puyallup, WA  98371

Voice:  253.848.3513

Fax: 253.845.4941

bryced at cdb-law.com

 

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate and Trust Planning & Administration, Including Planning for
Business Succession 

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures

 

From: Bryce Dille 
Sent: Saturday, May 24, 2014 1:35 PM
To: wsbapt-owner at lists.wsbarppt.com
Subject: Possible escheat

 

I have a situation where the decedent left no spouse, children, or parents
and no brothers or sisters. She was 103 when she died. There may be
decedents of her grandparents but we will need a heir search service to
find out. Can anyone recommend such a service? My client was a close
friend of hers for 30 plus years and had her POA at death. She left real
estate and other property valued in excess of $400000. Do I have to wait
the 40 days or can I request the crt waive it in light of the fact there
are no known heirs but maybe unknown ones and do I have to give the state
notice at this point or wait until we verify there are no heirs. Her
mother came from Italy although she was born in USA so I’m sure there are
some heirs somewhere in Italy or maybe Switzerland where her father was
born. Any assistance would be appreciated.

 

This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender
immediately.

To ensure compliance with requirements imposed by the IRS, we hereby
inform you that any U.S. tax advice contained in this communication
(including attachments, if any) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any matter addressed herein.

 

Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

P.O. Box 488

Puyallup, WA  98371

Voice:  253.848.3513

Fax: 253.845.4941

bryced at cdb-law.com

 

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate and Trust Planning & Administration, Including Planning for
Business Succession 

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures

 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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