[WSBAPT] Failure to file a will with the court

Fri May 13 12:14:07 PDT 2016

I agree that If Lovie’s client is not the named PR in the Will, then the drafting attorney should not release a copy of the Will without other consents or a court order.

I mentioned that option because we don’t know who Lovie’s client is, so it’s possible her client is entitled to get a copy from the drafting attorney (assuming she knows who that is).

Jill

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lewis, Amy C.
Sent: Friday, May 13, 2016 11:59 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Failure to file a will with the court

Do you think the drafting attorney is permitted to provide a copy of the Will to a party other than the named PR?  I just had a recent case where I prepared Wills for husband and wife.  Wife died and her Will appoints husband as the PR.  Husband hasn’t filed probate.  One of wife’s children requested a copy of the Will from me.  I wasn’t comfortable releasing it where the PR/husband is also my client.  I did notify him of his duty to file the Will.  Fortunately the child obtained a copy elsewhere.

Amy C. Lewis, Attorney

[http://www.eisenhowerlaw.com/sites/www.eisenhowerlaw.com/themes/eisenhower/20150213_logo.png]

ESTATE PLANNING & PROBATE

1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Friday, May 13, 2016 11:46 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Failure to file a will with the court

Hi Lovie:

I just ask for a copy of the Will (usually a nice letter that points out the duty to file the Will and cites the statute, but that mentions you will seek a court order if you don’t get a response).  If there is no response or a failure to respond, then I file a motion pursuant to RCW 11.20.010 and I set a hearing.

My answer might vary depending on your circumstances.  I might open a probate and then file the Motion (if you think there are assets to probate).  Or, I might try to get a copy of the Will from the drafting attorney, if you have that information.  Feel free to call me if you want to discuss.

Good luck!

Jill

Jill H. Sasser | Attorney at Law
[Landerholm Logo]
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-696-3312 | F: 360-696-2122
www.landerholm.com<http://www.landerholm.com/>

Jill H. Sasser | Attorney at Law
[cid:image005.gif at 01D1AD10.F2A22690]<http://>
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T:  | T:  | F:
www.landerholm.com<https://protect-us.mimecast.com/s/lNV1B6tpl8sm>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, May 10, 2016 11:45 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Failure to file a will with the court

Listmates,

Has anyone had a situation where the person who had the original will of a decedent did not file a probate and failed to file the will in the time period set forth in RCW 11.20.010? If you just want a copy of the will, what are the options available?

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
216 First AVE S, #450
Seattle, WA  98104
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

**********
This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or otherwise have received this message in error, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you are not the intended recipient or otherwise have received this message in error, please notify us immediately by e-mail, discard any paper copies and delete all electronic files of the message.  Circular 230 Notice:  This communication may not be used by you or any other person or entity for the purpose of avoiding any federal tax penalties.

----------------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s).  It contains confidential, proprietary or legally protected information which is the property of  Landerholm, P.S. or its clients.  Any unauthorized disclosure or use of the contents of this e-mail is strictly prohibited.  If you have received this e-mail in error, notify the sender immediately and destroy all copies of the original message.

----------------------------

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160513/805698f1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 194 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160513/805698f1/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 4361 bytes
Desc: image004.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160513/805698f1/image004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.gif
Type: image/gif
Size: 3203 bytes
Desc: image005.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160513/805698f1/image005.gif>