[WSBAPT] Contract not to change Wills/EP

[Liv Wernecke]

Jennifer, Check for separate representation at the time the contract was negotiated and executed.  Liv

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
Sent: Thursday, February 18, 2016 8:07 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<mailto: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<mailto:jennifer at sohn-law.com>
Sent: Thursday, February 18, 2016 1:06 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
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<mailto:jennifer at sohn-law.com>

http://www.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<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto: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/20160219/d509ee9b/attachment.html>