[WSBARP] Beneficiary to Estate ?

[Eric Nelsen]

So there is client, client's Dad, and client's Grandma, right? Dad predeceased Grandma, and PR of Grandma's Estate claims that Dad owed Grandma money?

PR's position is wrong.

Grandma's Estate, to prove the debt, would have to timely and properly file a creditor's claim in Dad's Estate. If that wasn't done, then the debt is not a valid debt of Dad's Estate. Note that it also can only be collected against Dad's Estate. If Dad had nothing, then Grandma's Estate can recover nothing. Death is the ultimate bankruptcy. For very, very good reasons, it's not possible to inherit the responsibility for an ancestor's debt. Client did not "inherit" his Dad's obligation.

Since Dad predeceased Grandma, no part of Grandma's Estate flows to Dad's Estate. Which means that it is completely improper for Grandma's Estate to try to deduct a debt owed by Dad, from an inheritance going to client. Client is a direct beneficiary of his Grandma under her Will.

If PR attempts to deduct, there is lots of room for objection and petition to remove the PR for breach of fiduciary duty.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Justin Monro
Sent: Thursday, April 18, 2019 11:45 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] Beneficiary to Estate ?

Listmates:

Clients grandma dies Jan 2019. Grandmas (will) bequests her property & assets to be divided among 6 relatives. Probate opened in Yakima Co in Mar. 2019. PR appointed.

Client receives letter from PR with accounting stating client is entitled to sums of money from the division, however my client is going to lose a significant amount of money because PR claims clients father owed money through an "IOU." Client has nothing in writing to this effect of dads debt.

Dad is dead. Dad predeceased mom (grandma).

I sent letter to estate attorney requesting a copy of the will that is filed, any written promissory notes and accounting. Attorney hasn't responded.

(In the alternative, I have also ordered the file from Yakima).

Any thoughts? Can the beneficiary file a creditors claim against the estate? If so would someone share a creditor claim form.

Thank you,



Justin K. Monro
Attorney at Law
The Monro Law Firm PS Inc.
1830 Bickford Ave. Ste 204
Snohomish, WA 98290

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