[WSBAPT] Discovered a newer Will near the end of testate probate

[Eric Nelsen]

I think the only issues are whether or not the 2012 Will is genuine, validly executed, and disposes of the entire estate of the decedent. If so, the 2007 Will was superseded. In this context, the 4-month deadline to contest a probated Will doesn't apply--the more recent Will can be presented and proved at any time prior to closure of the original probate. Estate of Stein, 78 Wn.App. 251, 896 P.2d 740 (1995); In re Elliott's Estate, 22 Wn.2d 334, 156 P.2d 427 (1945).

The 2012 Will of course is subject to dispute, contest on grounds of undue influence, capacity, etc., etc...

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michael Biesheuvel
Sent: Monday, June 05, 2017 9:52 AM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Discovered a newer Will near the end of testate probate

I'm looking for some advice on this one.

Facts: Decedent recently died testate with a 2007 Will. Heirs and beneficiaries are his brothers. I represent the named PR, who is one of the brothers. We are nearly done with probate, everything was smooth and routine. We planned to close probate and make final distributions in a couple of weeks. But over the weekend another family member who was not an heir or beneficiary discovered a valid 2012 Will that names different beneficiaries and a different PR (names the family member who discovered the Will). Not all parties like one another.

Any ideas or helpful precedent? It is a broad question for a broad set of potential issues.

Thanks in advance for your assistance,

Michael Biesheuvel
Attorney
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