[WSBAPT] Due diligence to find heirs in lost Will scenario

Wed May 20 11:58:39 PDT 2015

In Thurston County, I have had the court require under RCW 11.20.070(1) we
show something in the circumstances about how the Will was *not
intentionally destroyed...*

"lost or destroyed under circumstances such that the loss or destruction
does not have the effect of revoking the will..."

We have had to indicate why we think the Will is missing but not
intentionally destroyed.

ie...fire destroyed house contents while testator demented
OR
shredded legal document found in mouse nest under bed of testator who had
diminished capacity.
OR
numerous moves with aging testator and document lost during moves AND some
indication the testator thought it was still in existence...

Good luck!

On Wed, May 20, 2015 at 9:33 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

>  Will was not intentionally destroyed because we can demonstrate, after
> the Will was executed and up through the last month of decedent's life, a
> regular pattern of donative gifts to the same charities as are named in the
> Will. There are a few other circumstantial points but that's the main
> argument: Decedent maintained same beneficial intent consistently after the
> Will was executed.
>
>
>
> Virtual representation of the brothers by the sister who gets notice might
> work under RCW 11.96A.120(5)
> <http://app.leg.wa.gov/rcw/default.aspx?cite=11.96A.120>, but only if the
> brothers' locations are unknown and "not reasonably ascertainable," which
> gets me back to the same problem--whether I've done enough to locate them.
>
>
>
> A few people have replied offline with some search options; I may just do
> a bit more digging.
>
>
>
> 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 *Katharine P. Bauer
> *Sent:* Tuesday, May 19, 2015 6:36 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Due diligence to find heirs in lost Will scenario
>
>
>
> Virtual representation come into play?  How are you showing the Will was
> not intentionally destroyed?
>
> On May 18, 2015 3:05 PM, "Eric Nelsen" <Eric at sayrelawoffices.com> wrote:
>
> Decedent was born Japanese, married an American serviceman in 1950s and
> moved to the US, became a US citizen. Husband died decades ago. No
> children. According to her 50-year-old immigration papers, she had three
> brothers and a sister in Japan. Our understanding is that she was excluded
> by her family after marrying an American.
>
>
>
> We have an address for sister in Japan but zero information on the
> brothers--we don't even know if they are living. Decedent did have some
> minimal contact with sister's daughter, and we've managed to contact that
> niece to ask about the status of her uncles, but no response.
>
>
>
> Decedent's Will leaves everything to charity, except for a minor gift to
> the sister. So all three brothers and/or their descendants are disinherited
> by the Will.
>
>
>
> Final wrinkle: A lost Will! So I will have to prove a copy and give prior
> notice to all heirs at law. It's a solid Will with self-proving affidavit
> and I have the witnesses available. I have no qualms or concerns about the
> validity of the Will.
>
>
>
> Under these circumstances, I'm inclined to regard the "due diligence" as
> satisfied, mention the possible existence of disinherited brothers in the
> petition, but not search further for them. Effectively, I'll be giving
> notice to the sister, but not the brothers, in order to prove the lost Will.
>
>
>
> What do y'all think? Have I gone far enough, or do I need to do more to
> identify whether brothers are living or if deceased who their descendants
> might be?
>
>
>
> Sincerely,
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA  98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
>
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-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

 e-mail: kpb at bpblegal.com

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