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

Wed Nov 28 15:32:17 PST 2018

You can prove a copy is a true and correct copy of the original with testimony that establishes the original is unlikely to have been modified or revoked.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, November 28, 2018 3:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?

Thank you!! Just got back to my computer and appreciate the responses.

Yes, there is only a copy.  I am trying to recall but I thought if there is no original them it is presumed, without clear, cogent and convincing evidence to be revoked since we cannot get testimony from anyone who was part of the signing.

Yes, the distribution is the same. The will simply gives all to her two issue. Intestate shares will be the same.

It is self-proving. Has the affidavit. But again, only a copy.

You are all amazing and your insights much appreciated.
Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail: brent at bwrconsults.com<mailto:brent at bwrconsults.com> / website: www.bwrconsults.com<http://www.bwrconsults.com>

On Nov 28, 2018, at 2:55 PM, Setareh Mahmoodi <mahmoodi.setareh at gmail.com<mailto:mahmoodi.setareh at gmail.com>> wrote:
Diane, I think Elizabeth is referring to the 4 months where one can contest the validity of the will, not the publishing period. RCW11.24.010.

I would agree with Heather if not self proving and deceased witnesses. Otherwise a petition for instructions as Elizabeth suggests is great, or a binding agreement between all affected parties under 11.96A.220- Binding agreement, to be submitted with it.

Setareh

On Wed, Nov 28, 2018 at 2:43 PM Diane J. Kiepe <DJKiepe at depdslaw.com<mailto:DJKiepe at depdslaw.com>> wrote:
Hello Elizabeth,

Why would you think the 4 months would have to restart?  If a probate was opened as intestate, and then a Will is found and filed, this does not effect the 4 months from “publishing” does it?

It seems a bit odd to me the a statute tide to a publishing date can be retriggered by subsequent new facts like this but I certainly have not had this experience.

Thanks,

Diane

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Elizabeth Bateman
Sent: Wednesday, November 28, 2018 1:38 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?

Yes, you just prepare and file a petition to admit found will to probate, get letters testamentary, and unfortunately wait four months for the will to become final.  It stinks that it throws off your timeline, but you cannot just sit on the will.  If the beneficiaries are the same under the will and you're willing to risk it, you could theoretically make partial distributions while you wait out the four months...?  Kinda depends on the circumstances.  I suppose you could also file a petition for instruction and see if the court will give you any lee-weigh.  Whatever you do, I'd get a court order for cover.

On Wed, Nov 28, 2018 at 1:09 PM Brent Williams-Ruth <brent at bwrconsults.com<mailto:brent at bwrconsults.com>> wrote:
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
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

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

Associate Attorney

Admitted in Washington and Minnesota
Bateman Law Group, PLLC

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Best regards,

Setareh Mahmoodi

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