[WSBAPT] Interesting fact pattern - where to start?

[Nicholas Pleasants]

RCW 11.20.010 requires the custodian of a Will to file it within 30 days. If there is a Will and step-parent or attorney is sitting on it, PC could remind them of their duty to proffer the Will for probate. That statute is silent as to copies of Wills, and I haven’t researched this question, but perhaps PC could get a copy from the attorney if that’s all she/he has retained, as copies can be probated under RCW 11.20.070.

If no luck on the Will, try intestate probate. You’ll need to notify the surviving spouse, and SS has priority to be administrator of the community assets, but PC could be administrator over non-community assets. That would give PC legal authority to conduct inventory and determine where/if non-probate assets exist (subject to jurisdiction of probate court under Ch. 11.18 RCW).

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: Christopher Small [mailto:chris at cmslawfirm.com]
Sent: Wednesday, May 31, 2017 4:28 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Interesting fact pattern - where to start?

PC has sibling. Step-parent is alive (and not cooperative).

Christopher Small
CMS Law Firm LLC<http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512

On Wed, May 31, 2017 at 4:18 PM, Jayne Gilbert <jgilbertatty at gmail.com<mailto:jgilbertatty at gmail.com>> wrote:
Is the PC an only child? Is the other parent alive? If the answer is yes to only child and no re the other parent, he could Petition the Court to administer both of the Estates, get his letters and make inquiries re financial accounts

On Wed, May 31, 2017 at 4:00 PM, Christopher Small <chris at cmslawfirm.com<mailto:chris at cmslawfirm.com>> wrote:
Have an interesting one and would love some thoughts on where to start.

Call from a potential client (PC) who's estranged from parent for a couple of years after they began suffering serious dementia.
Before dementia PC was power of attorney and the person parent trusted with estate planning issues.
After dementia (and this isn't critical to my question for now) that changed.
Parent now passed away. Child believes a will exists and several financial accounts with beneficiary designations BUT has no way to figure that out.
Child does know attorney who drew up original docs but is not having a lot of luck getting access to anything (or even figuring out if there is anything to get access to).
My question to you all is, where would you begin?
And I must admit, even if I don't end up retaining this client, I am very interested in hearing what you all have to say!
Cheers,

Christopher Small
CMS Law Firm LLC<http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512<tel:(206)%20659-1512>

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Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515<tel:(360)%20336-9515>
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