[WSBAPT] NIP Notice & Lost Will?

[Eric Nelsen]

Agreed. The notice issue is separate from the issue of validity of the
Will (proving a copy as opposed to having the original). If you can prove
the copy, then no notice is required for granting of NPs because the
petitioner is named in the Will as Executor. If an heir doesn't like it, a
post-appointment Will contest is the process to undo it.

 

If the court rejects the copy, then no-harm-no-foul since your client
won't be appointed anyway.

 

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: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Friday, May 09, 2014 3:16 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] NIP Notice & Lost Will?

 

List mates:

 

I have an Oso victim probate to open with a Will where the original was
lost in the slide. Decedent unmarried. One of three kids - the one named
first in the copy of the Will - is petitioning to be PR. The copy grants
NIP. 

 

Do I have to give notice of Petition for NIP? I'm thinking not under RCW
11.68.041 because the Petitioner is named first in Will that will be
admitted to probate. Seems the remedy if needed is to challenge the Will. 

 

Any contrary opinions?

 

Thanks,

John Sullivan

Sent from my iPhone

 

 

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