[WSBAPT] Off-topic referral request

[Jennifer Johnson]

Good morning,

Does anyone have a referral to an attorney in Lewis County who handles
traffic violations?  Thank you in advance for your help.

Jennifer
-- 
Jennifer M. Johnson
Attorney
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494

 



On 8/5/14 2:54 PM, "sullaw at comcast.net" <sullaw at comcast.net> wrote:



Listmates:
 
Question of the day: client's wife dies and he is appointed PR under her
probated Will. We send Notice of Appointment and Pendency of Probate to
heirs, including client's adopted son (and decedent's natural son) who is
excluded under her Will. Client and son have been alienated for decades.
Address client provided is erroneous. 
 
Four and half months after mailing the Notice to the wrong address, son
calls. Tells me the address was wrong. Tells me his correct adress and
discloses he actually received the Notice yesterday. After cycling around
various areas of the USPS it was somehow delivered to son's child nearby,
who hand delivered it to son last night. 
 
Son is understandably upset and this dredges up old negative memories of
adopted dad. Son indicates he's going to be watching the administration
"like a hawk" and I shouldn't trust client. Okay. Mom's Will was done ten
years ago when there was no evidence of incapacity, and she intentionally
wrote this son out. She leaves everything outright to client husband. So
I'm not too concerned in this case about a Will contest. 
 
But ... in another situation? The Will contest statute provides that one
can be brought within four months of appointment and probate. The separate
Notice statute provides Notice must be sent out within 20 days of
appointment to last known address. What is the effect of misaddressing the
Notice on the four month limitations period, if any? My guess is none, as
long as the heir cannot prove the misaddressing was intentional. 
 
Just to be a little proactive, I prepared a one page Declaration for
e-filing that indicates the mistake, and relays the content of the phone
conversation with the son - that he actually received the Notice at the
address he gave me and our records have been corrected. It's not a big
deal, since the client is the sole beneficiary, but I'm considering
advising that he wait another four months before making the final
distribution and filing the Declaration of Completion. Probably out of an
excess of caution. 
 
Thoughts? Anyone had an issue raised from a similar fact pattern?

Best regards, 
JOHN J. SULLIVAN, 
ATTORNEY

LYONS | SULLIVAN
1111 THIRD AVENUE, SUITE 2890
SEATTLE, WASHINGTON 98101
206•623•6440 - WWW.DLJSLAW.COM

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