[WSBAPT] Obtaining Original will for probate in China

[Heather deVrieze]

There is no way they give the original back. If the original will is required in China and in the US, there probably should have been two.

Perhaps if Probate needed here, have all interested parties sign a TEDRA Agreement that the original, taken to China is not available for probate in WA, but they agree that the copy (authenticated by you) is sufficient to probate here and all agree to the contents thereof.

I feel pretty comfortable the Court here would acquiesce to that agreement.

Heather


Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Karl Flaccus
Sent: Monday, April 18, 2016 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Obtaining Original will for probate in China

Client’s husband died.  There is no need for a probate in Washington.  Client wants to take the original will to China where there is money in a bank.  However, client does not want to hand over the original will in China, as she may never see it again.  If we file the will in Seattle, the best we can get is a certified copy of the will.  If we do a probate in Seattle, we can get a certificated will to take to China.  In either of those cases, can we get the court to return to us the original will so my client can take it to China?

Thanks.

Karl Flaccus
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