[WSBAPT] Copy of will

Tue Aug 19 14:33:00 PDT 2014

Lovie, this is a brief answer but maybe a start. I  would take a look at
11.28.120 and have PC’s step-sister apply to open probate and be appointed
as PR. Then I would seek an order requiring step-brother to turn over the
will. I would also look closely at whether or not the step-sisters should
petition under the slayer’s statute to determine whether or not brother
wrongfully took mom’s property, money, etc. There are not quite enough
facts under your scenario to know if such a petition is supported, but as
they say, it seems to meet the smell test…Others may be able to develop
this more. 

It doesn’t sound like this will be easy – good luck. Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC

Market Place One, Suite 330

2003 Western Avenue

Seattle, WA 98121

(206) 443-2733 (T)

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 <mailto:claudia at cagowanlaw.com> claudia at cagowanlaw.com

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, August 19, 2014 2:12 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Copy of will

Listmates:

I sent this out late last Friday and didn’t receive any responses. Maybe
it got lost in the weekend fun, so I’m sending it out again. Potential
client is the stepdaughter of the deceased, who passed away last month.
Her father passed away several years ago, leaving his property to the
stepmom, the deceased. PC has a half brother and a half sister, who are
the natural children of deceased. Both PC and step sister are estranged
from the brother.  The family home was sold right before the death of
stepmom and another piece of property was transferred to the stepbrother’s
ex-wife, also right before the death of the stepmom. PC does not know
where the money from the sale of the home went, but it is possible it was
put in the name of stepbrother’s children (stepbrother has credit
problems.) Stepbrother does not plan on filing a probate for his mother.
PC wants to see a copy of the will to allay her suspicions that something
underhanded is going on. Step sister (natural child of the deceased) would
cooperate with any efforts to get a copy of the will. Any suggestions on
what can be done?

Lovie Bernardi

Attorney at Law

Seligmann & Flaherty, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

lovie at sbfirm.com <mailto:joni at sbfirm.com> 

http://sbfirm.com <http://sbfirm.com/> 

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