[WSBAPT] Markings on the original Will

[Lovie Bernardi]

I agree with Sara that if it is the PR appointment that has been changed, the cross out is effective but the write in is not. 

 

Lovie

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Monday, January 09, 2017 2:46 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Markings on the original Will

 

Is my understanding correct that the testator’s handwritten edits removed one PR and substituted another?  If so, the removal would be effective (i.e. the provision would be revoked by the testator striking out the language), but the substitution is invalid because its execution does not conform to the requirements of RCW 11.12.020.

 

You can still get your PR appointed if he is not disqualified; just note the hearing and give notice to the other beneficiary.  If there is an objection, the court will decide who serves since the will is silent.

 

Best,

Sara

 

 

Sara D. Longley, J.D., LL.M.

Attorney at Law

 

1734 NW Market Street

Seattle, WA 98107

(206) 434-5644 <tel:%28206%29%20434-5644> 

Sara at longley-law.pro

www.longley-law.pro <http://www.longley-law.pro/> 

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Monday, January 9, 2017 2:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Markings on the original Will

 

Hello, 

I am wondering if anyone has handled a probate with the original will being marked up by the testator and would be willing to share their experience. 

The estate should be around 500K. The only heirs are 2 brothers, the father crossed off the name of the PR (older brother) and wrote in and initialed the other brother's name. Everything is supposed to be divided equally between the brothers. 

There are some trust issues between the brothers. The older brother is unresponsive. 

The "newly appointed brother" is my PC. He is in possession of the original Will. 

Thoughts? Experience in handling a probate such as this one? 

Thanks, 

Setareh 



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Setareh Mahmoodi 

Attorney at Law 

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Bothell, WA 98011

Phone: 425-806-1500

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