[WSBAPT] What to do when custodian of will does not file will or start a probate?

[Kristina DeVore]

Listmates:

I’ve recently been contacted by the daughter of a decedent regarding her mother’s will.  The original will is in the custody of PC’s brother.  PC thinks that the brother was nominated as the PR but he is disqualified from acting in that capacity.  Brother will not give PC a copy of the Will, has not filed the Will and the initial attorney who met with brother will not provide a copy of the will or disclose the name of new counsel hired by brother.   Is there a process to compel the brother to either provide the original to PC or to file the original?  It has been more than 40 days since mother’s death.  And if PC were to incur fees and costs in compelling the brother to act would that be a recoverable damage under RCW 11.20.010 Duty of Custodian of Will, which states that “Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.”

Thanks in advance for any direction.

Kristina


Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste., 290 | Vancouver, WA  98684
Phone: (360) 695-0535 | Fax (360) 261-6075 | Kristina at devore-law.com




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