[WSBAPT] Submission of Will copy to probate

Wed May 13 16:52:00 PDT 2015

I second that!  (my thoughts exactly while reading Eric's response - I
always read all Eric's posts and learn something every time).

Wil 

Wilhelmina C. Harlock, Attorney

GAL 26 & 11 / Certified Mediator

PO Box 279

720 Main St, Suite 227

Mount Vernon, WA 98273

Tel: 360-593-5594   Fax: 360-404-7110

Email:  <mailto:wilharlock at gmail.com> wilharlock at gmail.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Wednesday, May 13, 2015 4:45 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Submission of Will copy to probate

Eric: you are an outstanding contributorJ

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

 <http://www.hawkeslawfirm.com> www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com] 
Sent: Wednesday, May 13, 2015 4:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Submission of Will copy to probate

Do not unstaple the original! I hope it was only stapled once, so it's clear
it was a single unified document.

It's a lost Will circumstance I think, proved by a copy, which means two
hurdles:

                1. A Will that cannot be found nevertheless may be proved
"if...lost or destroyed under circumstances such that the loss or
destruction does not have the effect of revoking the will." RCW
11.20.070(1). At common law, a Will that cannot be found is presumed to have
been destroyed animo revocandi-with intent to revoke. Estate of Bowers, 132
Wn. App. 334, 341-342, 131 P.3d 916 (2006); Estate of Nelson, 85 Wn.2d 602,
607, 537 P.2d 765 (1975). The presumption may be rebutted and the Will
deemed simply lost without intent to revoke, on much less than "clear and
distinct" evidence, "and will often be largely circumstantial." Nelson, 85
Wn.2d at 607. The rebutting evidence may be "evidence as to the testator's
attitude of mind, as indicated by [her] declarations made between the time
of executing the will and the time of [her] death . . ." Id. "Recognizing
that the fundamental concern is the fulfillment of the testator's intent, we
have in previous cases found evidence showing that a will was in existence
at the time of the death adequate, although it was far from overwhelming."
Id., citing Auritt (decedent's oral reaffirmations of her affection for and
desire to devise to her brother, shortly before her death), Estate of
Harris, 10 Wn. 555, 39 P. 148 (1895) (decedent's statements two weeks prior
to death that he had a valid will similar to the offered for probate).

                2. The execution and contents of a lost Will must be proved
by "clear, cogent, and convincing" evidence. RCW 11.20.070(2); Estate of
Black, 153 Wn.2d 152, 163, 102 P.3d 796 (2004). The elements to prove
execution of a lost Will are the same as for any Will. The contents are
proved by the photocopy maintained by the lawyer's office where it was
drafted and executed.

On the first requirement, I think your Will helps, if client can testify
that this was the "original" that the decedent had maintained, and it was
attorney error that caused client to receive only photocopy of the signature
page. Maybe they still have the lawyer's cover letter? Also note that the
papers are only stapled together once, with no other holes, demonstrating
that this was the complete version maintained by the decedent. I think that
all effectively rebuts the presumption of destruction with intent to revoke,
because client never destroyed anything--just had only part of the original
due to a lawyer snafu.

And of course your Will copy also works toward the second requirement,
proving contents of the Will. As to circumstances of execution, I think you
do want as many confirming declarations from witnesses and the notary as you
can get. You do need to find the witnesses if at all possible, or as many of
them as you can.

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-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Erin Fairley
Sent: Wednesday, May 13, 2015 3:19 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Submission of Will copy to probate

Client/PR  has Original Codicil (2006) and Four pages of Original will(1995)
in blue ink; the last two pages of the will - signature and affidavit - are
copies. Codicil approves, ratifies and affirms 1995 Will.   Client reports
that original attorney  made this error when the original will was mailed to
decedent in 1995.  Original attorney can't be located.  

Any suggestions/advice as to procedure are appreciated.  

Best regards,

Erin

Erin M. Fairley, Attorney

121 Lakeside Avenue, Suite 108
Seattle, WA 98122
mailto:efairley at advocateslg.com
Phone: (206)-535-7929; Cell:  (206) 353-4625
http://www.advocateslg.com <http://www.advocateslg.com/> 

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From: Sara Longley <sara at longley-law.pro>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, May 13, 2015 at 1:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] New Jersey probate help

Thanks for the quick referrals! I will pass these on to my friend.

Sara

Sara D. Longley, JD, LL.M.
1718 NW 56th Street #304
Seattle, WA 98107
(206)434-5644
Sara at Longley-law.pro

  _____  

From: Tiffany Gorton <mailto:tgorton at khbblaw.com> 
Sent: 5/13/2015 7:46 AM
To: WSBA Probate  <mailto:wsbapt at lists.wsbarppt.com> & Trust Listserv
Subject: Re: [WSBAPT] New Jersey probate help

I recommend Joe Console.  He practices in both PA and NJ.

Joseph J. Console esq. 

 <tel:(267)%20603-2493> (267) 603-2493

 <x-apple-data-detectors://0/1> 1515 Market Street

 <x-apple-data-detectors://0/1> Suite 1200

Philadelphia PA 19102 <x-apple-data-detectors://0/1> 

On May 12, 2015, at 11:56 PM, Sara D. Longley <sara at longley-law.pro> wrote:

Hello listmates,

A friend of mine in New Jersey is in a complicated situation after the death
of both her parents within three weeks of each other early this year.  She
has 6 siblings and there are deep disagreements about how to handle the
estate.  Add to that the fact that my friend and one of her siblings lived
with and cared for their parents in the last part of their lives, and may or
may not be compensated for their time or for giving up other work.

Can anyone recommend a smart and compassionate attorney in NJ that she could
talk to?

Thanks in advance,

Sara

<image003.jpg>

Sara D. Longley, J.D., LL.M.

Attorney at Law

1718 NW 56th Street #304

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at Longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

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