[WSBAPT] Markings on the original Will

Mon Jan 9 17:00:16 PST 2017

Yes, any county; and no other real deadlines.  Include in all heir affidavits the non intervention and no bond agreements and you should have a good shot at same regardless of whether the first named pr is the one who gets appointed.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: Setareh Mahmoodi [mailto:mahmoodi.setareh at gmail.com]
Sent: Monday, January 9, 2017 3:59 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Markings on the original Will

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<mailto: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> [mailto: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

[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<tel:%28206%29%20434-5644>
Sara at longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://www.longley-law.pro/>

This email is intended only for the individual to whom it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure.  If you have received this message in error, please inform the sender by telephone or reply email and delete this message and all attachments.  Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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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/

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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