[WSBAPT] Contract not to change Wills/EP

[Martin Silver]

What do the docs say?  do they cover the points you are talking about.  I think the PR may be more sensitive than the dpa.  Again, if the contracts don’t extend to intervivos matters, how do you get from agreeing to not change a plan of testamentary disposition to not controlling your own dpa.  Seems to me if you can deal with your assets before the will takes effect, then you can name someone if you are incompetent.  But I would also think that contract law, with possible parole evidence, may play a part even with the dpa. Perhaps they intended the contract to extend to treatment of assets before death, in which case these points may be more material.   if the threat of suit comes from a lawyer do you think the reasons given make sense.  why not call the other lawyer and discuss what the problem is.  


From: Jennifer Sohn 
Sent: Thursday, February 18, 2016 8:06 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Contract not to change Wills/EP

That was my initial thought too. We received a formal letter stating that a lawsuit will ensue if we make the changes i outlined below though. So, i am thinking twice about it... Any other thoughts on this?


On Feb 18, 2016, at 4:44 PM, Martin Silver <msilver at wolfenet.com> wrote:


  While you wait for the big guns to weigh in, I have zero experience in litigating or arguing these, and I have only read of these, and that years ago.  I cannot see how the POA would be involved arguing that that does not affect the estate plan, but the PR might be an issue because it would require a codicil, right?  However, might a codicil changing the PR be harmless “error” if you will if in fact it has not affect on the plan of disposition?  but then again, this is just my overvalued 2 cents.  

  From: Jennifer Sohn 
  Sent: Thursday, February 18, 2016 1:06 PM
  To: WSBA Probate & Trust Listserv 
  Subject: [WSBAPT] Contract not to change Wills/EP

  If you have a contract not to change wills or estate plan, does that mean you can never change your personal representative or attorneys-in-fact designated in your DPA or MPA? 



  -- 

  Best regards,



  Jennifer Y. Sohn

  Attorney at Law

  (Licensed in CA and WA)

  Sohn Law PLLC

  10900 NE 4th Street, Suite 1850

  Bellevue, WA 98004

  Tel: 206.617.7874

  Fax: 425.732.9748 

  Email: jennifer at sohn-law.com

  http://www.sohn-law.com



  Confidential. This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete the message. Thank you.



  Circular 230 Disclaimer. Any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the internal revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


------------------------------------------------------------------------------
  _______________________________________________
  WSBAPT mailing list
  WSBAPT at lists.wsbarppt.com
  http://mailman.fsr.com/mailman/listinfo/wsbapt
  _______________________________________________
  WSBAPT mailing list
  WSBAPT at lists.wsbarppt.com
  http://mailman.fsr.com/mailman/listinfo/wsbapt


--------------------------------------------------------------------------------
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160218/e42a0d89/attachment.html>