[WSBAPT] Will Found After Initiation of Intestate Succession

Mon Aug 20 13:18:45 PDT 2018

Thank you much, Dalynne. Had this not all happened in the afternoon of
Friday of a week of hellacious proportions, I probably would not have ended
up sending this email. In retrospect, what you propose is the obvious
solution and the only real way to proceed. Thanks again!

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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On Sat, Aug 18, 2018 at 8:17 AM, Dalynne Singleton <dalynne at glgmail.com>
wrote:

> File the will.  Do an amended petition making it testacy and ask that the
> letters of administration be revoked and letters testamentary be provided.
> If he brother will sign the waiver, all the better.  If not, you should
> note the amended petition for hearing.
>
>
>
> *Dalynne Singleton*
>
>
>
> *Gourley Law Group*
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> *dalynne at glgmail.com <dalynne at glgmail.com>*
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> *From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.
> wsbarppt.com> *On Behalf Of *David Faber
> *Sent:* Friday, August 17, 2018 5:10 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Will Found After Initiation of Intestate Succession
>
>
>
> I started an intestate succession earlier this week on behalf of Client,
> who is a child of decedent. Today, I received both Letters of
> Administration and a phone call from someone telling me they had found
> decedent's *Last Will & Testament*. The decedent's *Last Will* names my
> client as the first contingent PR after client's brother. Brother already
> signed off on Client serving as PR under the intestacy, so I'm just trying
> to figure out the proper course of action here...
>
>
>
> My gut says: (1) I need to file the Will under RCW 11.20.010 and get it
> into Brother's hands; (2) get brother to sign a *Waiver of Right to Serve*.
> Then I should be able to otherwise proceed as currently structured because
> proceeding under the Will or Intestacy will have the same result. I can't
> stop second guessing myself, however, because Client is operating under
> Letters of Administration and not Letters Testamentary, and the Court has
> issued an Order that reflects a situation that is no longer factually
> accurate (i.e. that no valid Will of Decedent has been found).
>
>
>
> Any recommendations or guidance would be much appreciated...
>
>
> Best,
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 210 Polk Street, Suite 1
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
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