[WSBAPT] Markings on the original Will

Mon Jan 9 15:59:22 PST 2017

Thank you both for your responses. Sara your understanding is correct. That
is what I assumed.

If I can get the other brother to sign an affidavit agreeing to have PC act
as the PR, would I just open the probate regularly and offer the affidavit
to appoint PC when opening probate?

If I have to petition the court, I would file the Will, and would I use
that case number to file the petition to appoint the PR? Would I file
anything else at that time or would I wait until a decision on the PR is
made before filing further opening of probate paperwork?

Would the nonintervention and waiver of bond clauses under the Will still
apply under both scenarios?

So long as the Will is filed within the 30 day deadline under 11.20.010 and
the petition is filed at the same time, are there any other deadlines under
these facts that I need to be aware of? (just for purposes of getting a PR
appointed)

Lastly, dad resided in Olympia at the time of his death, under these set of
facts, 11.96A.040 still applies and I can file the petition and the Will in
King County, (or any county in WA) correct?

Thank you so much,

Setareh

On Mon, Jan 9, 2017 at 3:16 PM, Lovie Bernardi <lovie at fb-lawfirm.com> wrote:

> 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
>
>
>
> [image: cid:image001.jpg at 01D1F8A6.19C81E60]
>
> Sara D. Longley, J.D., LL.M.
>
> Attorney at Law
>
>
>
> 1734 NW Market Street
>
> Seattle, WA 98107
>
> (206) 434-5644
>
> Sara at longley-law.pro
>
> www.longley-law.pro
>
>
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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
>
>
> --
>
> Please always call 206-683-1006 <(206)%20683-1006> or email before
> dropping by the office as I could be in court or meetings. Thanks!
>
> *Best regards, *
>
>
>
> *Setareh Mahmoodi *
>
> *Attorney at Law *
>
> *18222 104th Ave NE, Suite 103*
>
> *Bothell, WA 98011*
>
> *Phone: 425-806-1500 <(425)%20806-1500>*
>
> *Cell: 206-683-1006 <(206)%20683-1006>*
>
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> possible) *
>
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> <http://www.lawofficesofsm.com/>*
>
>
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-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Cell: 206-683-1006*

*Fax: 425-489-4142 (Please email documents if at all possible) *

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*

*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
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