[WSBAPT] Will Found....how to file?

Wed Nov 28 14:50:22 PST 2018

I thought Brett said a “copy” of the Will was found. Does original exist? If not, and if copy follows intestate law anyways, I’d be inclined to ignore the copy. FWIW, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, November 28, 2018 2:04 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?

Though you mentioned that both of the witnesses to the found Will have passed, you don’t mention whether this is a self-proving Will, or why the death of the witnesses might otherwise be relevant. Is the Personal Representative nominated in the Will different than the Personal Representative now serving?

If not self-proving, and dead witnesses, you could simply file the Will, not request its admission to probate, ask the Court to simply bless the finalization of the intestate administration despite the found Will, etc. 

Heather

Heather S. de Vrieze
Attorney-at-Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, November 28, 2018 1:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will Found....how to file?

Good Afternoon List - 

I have a probate that has been moving along as an intestate - two surviving siblings are splitting everything.  A copy of a valid will that says, the two brothers will split everything was found. Looked into the witnesses, both have passed. 

Suggestion on process for submitting the will? Is it a Supplemental Petition? Do I really need to change the Letters of Administration to Letters Testamentary?  The current plan had us filing the Declaration of Completion in the next couple of weeks with final distribution happening in January. 

Appreciate feedback. 

Thank you!

Brent

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Brent Williams-Ruth 
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BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail <mailto:brent at bwrconsults.com>  / website <http://www.bwrconsults.com>  /  <http://www.facebook.com/bwrconsults> facebook 

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