[WSBAPT] Markings on the original Will

[Paul Grant]

I would suggest that not only do you get the brother to approve the PR but
also a statement that he waives notice to the hearing.  Be sure to add both
and I always have the beneficiary notarize the doc


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Mon, Jan 9, 2017 at 3:59 PM, Setareh Mahmoodi <mahmoodi.setareh at gmail.com
> wrote:

> 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.w
>> sbarppt.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
>>
>>
>>
>> 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.w
>> sbarppt.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>*
>>
>> *Fax: 425-489-4142 <(425)%20489-4142> (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.
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>
>
>
> --
>
> 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>*
>
> *Fax: 425-489-4142 <(425)%20489-4142> (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.
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170113/922e21f7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 664 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170113/922e21f7/image002.jpg>