[WSBAPT] Will Found....how to file?
joyce at schwensenlaw.com
joyce at schwensenlaw.com
Thu Nov 29 00:12:57 PST 2018
This discussion brings me to another question I have faced recently.
If there is a copy of a Will but no one knows the location of the original,
is there any duty to seek admission of the copy, assuming that the
requirements for admission can likely be satisfied? If a petition for
adjudication of intestacy is filed, is there a duty to notify the named
beneficiaries in the missing Will (assuming they are not entitled to notice
as heirs at law)?
Put another way, can someone who benefits from intestacy but has a copy of a
seemingly valid Will just file for adjudication of intestacy, not advise the
court of the missing Will, and not give notice of the intestacy filing to
the named beneficiaries under the missing Will?
Any thoughts?
Thank you, Joyce Schwensen
Law Office of Joyce S. Schwensen
Joyce S. Schwensen, PS
12055 15th Ave NE
Seattle, WA 98125
Tel: (206) 367-1065
Fax: (425) 324-3335
Joyce at SchwensenLaw.com
www.SchwensenLaw.com
PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.
CONFIDENTIALITY NOTICE:
This communication (including any attachments) is confidential and may
contain legally privileged information. If you are not the intended
recipient or believe that you may have received this communication in error,
please delete this communication from your computer and do not retransmit,
copy, print or otherwise disseminate this communication.
ATTORNEY-CLIENT RELATIONSHIP:
This e-mail does not in any way intend to provide legal advice to be relied
upon by any recipient and does not create any duty or obligation for legal
representation on behalf of the sender Joyce S. Schwensen, PS on behalf of
the recipient of this e-mail without a written engagement agreement.
REFERRALS:
Please note that no referral by this law firm to other legal professionals
is intended as a guaranty or assurance as to the experience, ability,
professionalism or other characteristics of such legal professionals.
-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of wsbapt-request at lists.wsbarppt.com
Sent: Wednesday, November 28, 2018 3:35 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 50, Issue 24
Send WSBAPT mailing list submissions to
wsbapt at lists.wsbarppt.com
To subscribe or unsubscribe via the World Wide Web, visit
http://mailman.fsr.com/mailman/listinfo/wsbapt
or, via email, send a message with subject or body 'help' to
wsbapt-request at lists.wsbarppt.com
You can reach the person managing the list at
wsbapt-owner at lists.wsbarppt.com
When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBAPT digest..."
Today's Topics:
1. Seattle area CPA with international tax knowledge (Sharon Rutberg)
2. Re: Seattle area CPA with international tax knowledge
(Christopher Small)
3. Re: Older Will Filed in Other County? (Diane J. Kiepe)
4. Will Found....how to file? (Brent Williams-Ruth)
5. Re: Will Found....how to file? (Elizabeth Bateman)
6. Re: Will Found....how to file? (Heather deVrieze)
7. Re: Puyallup Estate Planning Attorney (Michael Safren)
8. Re: Seattle area CPA with international tax knowledge
(Michael Safren)
9. Re: Missouri Trust Attorney (Steve Waltar)
10. Re: Will Found....how to file? (Diane J. Kiepe)
11. Re: Will Found....how to file? (Elizabeth Bateman)
12. Re: Will Found....how to file? (Cyrus Field)
13. Re: Will Found....how to file? (Elizabeth Bateman)
14. Re: Will Found....how to file? (Setareh Mahmoodi)
15. Re: Will Found....how to file? (Brent Williams-Ruth)
16. Re: Will Found....how to file? (Diane J. Kiepe)
17. Re: Puyallup Estate Planning Attorney (Maureen Wickert)
18. Re: Will Found....how to file? (Eric Nelsen)
19. Re: Will Found....how to file? (Roger Hawkes)
20. Re: Will Found....how to file? (Diane J. Kiepe)
----------------------------------------------------------------------
Message: 1
Date: Wed, 28 Nov 2018 20:27:56 +0000
From: Sharon Rutberg <sharon at salmonbaylaw.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Seattle area CPA with international tax knowledge
Message-ID:
<MWHPR1001MB219104B8C12B048BB6480464AED10 at MWHPR1001MB2191.namprd10.prod.outl
ook.com>
Content-Type: text/plain; charset="us-ascii"
Hello -
Can someone recommend a CPA in Seattle/Kirkland/Bellevue who works with
clients on tax matters involving property in the U.K.?
Thanks,
Sharon
Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055
NOTICES
The contents of this message and any attachments may be protected by the
attorney-client privilege, work product doctrine, and/or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/25c5a777/attac
hment-0001.html>
------------------------------
Message: 2
Date: Wed, 28 Nov 2018 12:31:29 -0800
From: Christopher Small <chris at cmslawfirm.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Seattle area CPA with international tax
knowledge
Message-ID:
<CALM_vULo39bRsVc=qs41sstnFv43geHd9n5Z0ZcBq97kv1hcrQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Moses Man - M Squared Accounting.
Phone - (206) 992-0405
Email - moses at msquaredtax.com
That's all he does.
Cheers,
Christopher Small
CMS Law Firm LLC <http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512
Legal stuff I have to put in... *To ensure compliance with Treasury
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).*
On Wed, Nov 28, 2018 at 12:30 PM Sharon Rutberg <sharon at salmonbaylaw.com>
wrote:
> Hello ?
>
>
>
> Can someone recommend a CPA in Seattle/Kirkland/Bellevue who works with
> clients on tax matters involving property in the U.K.?
>
>
>
> Thanks,
>
> Sharon
>
>
>
> Sharon C. Rutberg, Attorney at Law
>
> Salmon Bay Law Group, PLLC
>
> 1734 NW Market St.
>
> Seattle, WA 98107
>
> 206-735-3177, ext. 2
>
> sharon at salmonbaylaw.com
>
> Website: www.salmonbaylaw.com
>
> Washington State Bar #47055
>
> NOTICES
> The contents of this message and any attachments may be protected by the
> attorney-client privilege, work product doctrine, and/or other applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the
message.
> Thank you for your assistance.
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/e44df6d1/attac
hment-0001.html>
------------------------------
Message: 3
Date: Wed, 28 Nov 2018 20:57:23 +0000
From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Older Will Filed in Other County?
Message-ID:
<CY4PR18MB13337EDDAC9887E078272545D5D10 at CY4PR18MB1333.namprd18.prod.outlook.
com>
Content-Type: text/plain; charset="utf-8"
Isn?t funny how real life and law don?t always square up?
I think the old Will is a matter of record no matter what. That being said,
I would probably mention it in my current petition, Will dated _____ was
previously filed with the Court on _________ document number ___________.
Such Will was believed to be the Last Will and Testament of _____ but in
fact was not. Petitioner herein now presents the Last Will & Testament etc
etc.
Good luck
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, November 28, 2018 11:26 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Older Will Filed in Other County?
Client's father died recently. C's aunt, who had possession of an old Will,
signed a declination of right to serve and then filed that older Will (but
not a petition for probate) in Skagit County because she thought that was
her legal obligation. C's father had since signed a new Will that aunt did
not know about. C now wants to file a petition for probate here in Jefferson
County. As an aside, with the aunt signing the declination to serve, C is
entitled to serve as PR under the Skagit Will (which is not valid, anyway,
because of the newer Will), so this whole issue may be moot.
My question is whether the filing of the old Will in Skagit County will
require any further action or can we just ignore that filing because the
Will was not valid and no probate petition was ever filed? I'm guessing the
latter: that we can simply file a petition for probate here in Jefferson
County and ignore the Skagit filing, but this being the first time I've
dealt with this situation, I just want to make sure.
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 information. If
you are not the intended recipient, or believe that you have received this
communication in error, please do not print, copy, retransmit, disseminate,
or otherwise use the information. Also, please indicate to the sender that
you have received this communication in error, and destroy the copy you
received.***
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ae4f9779/attac
hment-0001.html>
------------------------------
Message: 4
Date: Wed, 28 Nov 2018 13:08:36 -0800
From: Brent Williams-Ruth <brent at bwrconsults.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will Found....how to file?
Message-ID:
<CACaE6MATfmzka-RFxaiLeJKewLoRyaCujg3d3V8WLUzmT5Mw1w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
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
--
*Brent Williams-Ruth*
*Founding Member*
*BWR Consulting, PLLC*
Phone: (425) 830-5134
e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
facebook <http://www.facebook.com/bwrconsults>
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/dff68686/attac
hment-0001.html>
------------------------------
Message: 5
Date: Wed, 28 Nov 2018 13:37:53 -0800
From: Elizabeth Bateman <elizabeth at batemanlawgroup.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CAGNciRYy08gHVibjfx1DiZff0vWAie=e-7Dkka0ZdNfOBD0VXA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
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>
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
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
*Admitted in Washington and Minnesota *
*Bateman Law Group, PLLC*
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and
cannot be used, for purposes of avoiding penalties imposed under the United
States Internal Revenue Code or promoting, marketing or recommending to
another person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/2803136e/attac
hment-0001.html>
------------------------------
Message: 6
Date: Wed, 28 Nov 2018 22:04:01 +0000
From: Heather deVrieze <heatherd at westseattlelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<MWHPR2201MB13098CA66739BB4F3FE5BBF6A7D10 at MWHPR2201MB1309.namprd22.prod.outl
ook.com>
Content-Type: text/plain; charset="utf-8"
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
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo]
<https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
privileged and/or confidential information. If you have received this
e-mail in error, please notify the sender immediately and delete all copies
of this e-mail message and any attachment.
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
--
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>
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/089ca813/attac
hment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: image001.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/089ca813/image
001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5137 bytes
Desc: image002.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/089ca813/image
002-0001.png>
------------------------------
Message: 7
Date: Wed, 28 Nov 2018 14:21:43 -0800
From: Michael Safren <msafren at gmail.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Puyallup Estate Planning Attorney
Message-ID:
<CACXQqyf8rQ8oFmN_OZV8__tJ1xJ6jTo-WQd3oA4X--sE9XXJng at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Jenny Ling is in Tukwila - so it's a short ride for her. You can reach
her at:
https://www.jennylinglaw.com/
206-859-5098
Kind regards,
Michael Safren
Barokas, Martin, & Tomlinson
1000 2nd Ave, Suite #3660
Seattle, WA 98104
On Wed, Nov 28, 2018 at 9:11 AM Thomas Gates <tegatesesq at gmail.com> wrote:
> Has any one stepped up? I live in Federal Way, so could travel to the
> client. This is service I already provide for the elderly and at home
> clients.
>
> Tom
>
> On Tue, Nov 27, 2018 at 4:34 PM J Mackenzie Hogan <
> jmackenziehogan at gmail.com> wrote:
>
>> I am in need of an attorney in the Puyallup area who can travel to a
>> client for Estate Planning and administration work. Any referrals are
>> appreciated.
>>
>> Thanks.
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
> --
> Thomas E. Gates
> Gates' Law, PLLC
> 651 Strander Blvd., Suite 209
> Tukwila, WA 98188-2953
> 253-332-7899
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/77f6f8cb/attac
hment-0001.html>
------------------------------
Message: 8
Date: Wed, 28 Nov 2018 14:24:30 -0800
From: Michael Safren <msafren at gmail.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Seattle area CPA with international tax
knowledge
Message-ID:
<CACXQqyd-=9czZY-+3M5kwqifEWb0HWnsHvZ5rubePZHV6zKQDw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
I recommend Andrea Flores with Vega Tax Services
Email: andrea at vegataxservices.com
Phone: 206-915-1347
She's great!
Kind regards,
Michael Safren
Barokas, Martin, & Tomlinson
1000 2nd Ave, Suite #3660
Seattle, WA 98104
On Wed, Nov 28, 2018 at 12:34 PM Christopher Small <chris at cmslawfirm.com>
wrote:
> Moses Man - M Squared Accounting.
> Phone - (206) 992-0405
> Email - moses at msquaredtax.com
>
> That's all he does.
>
> Cheers,
>
> Christopher Small
> CMS Law Firm LLC <http://cmslawfirm.com>
> 150 Lake St. S., Suite 218
> Kirkland, WA 98033
> 206.659.1512
>
>
> Legal stuff I have to put in... *To ensure compliance with Treasury
> Department and IRS regulations, we inform you that, unless expressly
> indicated otherwise, any federal tax advice contained in this
communication
> (including any attachments) is not intended or written by CMS Law Firm LLC
> to be used, and cannot be used by the taxpayer, for the purpose of: (i)
> avoiding penalties that may be imposed on the taxpayer under the Internal
> Revenue Code; or (ii) promoting, marketing, or recommending to another
> party any transaction or matter addressed herein (or any attachments).*
>
>
> On Wed, Nov 28, 2018 at 12:30 PM Sharon Rutberg <sharon at salmonbaylaw.com>
> wrote:
>
>> Hello ?
>>
>>
>>
>> Can someone recommend a CPA in Seattle/Kirkland/Bellevue who works with
>> clients on tax matters involving property in the U.K.?
>>
>>
>>
>> Thanks,
>>
>> Sharon
>>
>>
>>
>> Sharon C. Rutberg, Attorney at Law
>>
>> Salmon Bay Law Group, PLLC
>>
>> 1734 NW Market St.
>>
>> Seattle, WA 98107
>>
>> 206-735-3177, ext. 2
>>
>> sharon at salmonbaylaw.com
>>
>> Website: www.salmonbaylaw.com
>>
>> Washington State Bar #47055
>>
>> NOTICES
>> The contents of this message and any attachments may be protected by the
>> attorney-client privilege, work product doctrine, and/or other applicable
>> protections. If you are not the intended recipient or have received this
>> message in error, please notify the sender and promptly delete the
message.
>> Thank you for your assistance.
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/145ea31d/attac
hment-0001.html>
------------------------------
Message: 9
Date: Wed, 28 Nov 2018 22:32:15 +0000
From: Steve Waltar <steve at waltar.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Missouri Trust Attorney
Message-ID:
<BYAPR19MB22959ACD2EE3C54DABD7844DD9D10 at BYAPR19MB2295.namprd19.prod.outlook.
com>
Content-Type: text/plain; charset="utf-8"
I have worked most closely with Casey Connealy and Jeff Easterday
- Missouri -
[http://sites3.aaepa.com/images/attorney_photos/3426.jpg]Charlie
Amen<http://members.aaepa.com/public/profile.aspx?person_id=3426> - Amen,
Gantner & Capriano, Your Estate Matters, L.L.C
Send Email<mailto:camen at yourestatematters.com> | Visit
Website<http://www.yourestatematters.com/>
St. Louis, MO
[PRIMARY OFFICE]
10733 Sunset Office Drive,
Suite 425
St. Louis, MO 63127
Google
Map<http://maps.google.com/maps?f=q&q=10733%20Sunset%20Office%20Drive%20St.%
20Louis,%20MO,%2063127>
Phone: Phone: (314) 966-8077
Fax: Fax: (314)966-5906
[deed processing
info<https://members.aaepa.com/forms/DeedProcessing/Info.asp?person_id=3426&
company_id=8539>]
** American Academy CLE Requirement Not Met in 2017. **
________________________________
[http://sites3.aaepa.com/images/attorney_photos/10524.jpg]Casey
Connealy<http://members.aaepa.com/public/profile.aspx?person_id=10524> -
Gaughan & Connealy
Send Email<mailto:casey at midwestestateplan.com> | Visit
Website<http://www.midwestestateplan.com/>
Overland Park, KS
[PRIMARY OFFICE]
4400 College Boulevard, Suite 190
Overland Park, KS 66211
Google
Map<http://maps.google.com/maps?f=q&q=4400%20College%20Boulevard,%20Suite%20
190%20Overland%20Park,%20KS,%2066211>
Phone: (913) 262-2000
Fax: (913) 904-1348
** American Academy CLE Requirement Not Met in 2017. **
________________________________
[http://sites3.aaepa.com/images/attorney_photos/5732.jpg]Jeff
Easterday<http://members.aaepa.com/public/profile.aspx?person_id=5732> -
Parman & Easterday, LLP
Send Email<mailto:jeasterday at parmanlaw.com> | Visit
Website<http://www.parmanlaw.com/>
Overland Park, KS
10740 Nall Avenue,
Suite 160
Overland Park, KS 66211
Google
Map<http://maps.google.com/maps?f=q&q=10740%20Nall%20Avenue%20Overland%20Par
k,%20KS,%2066211>
Phone: (913) 385-9400
Fax: (913) 385-9422
[deed processing
info<https://members.aaepa.com/forms/DeedProcessing/Info.asp?person_id=5732&
company_id=5687>]
This Attorney satisfied the 36 hours of annual Continuing Legal Education
requirement of the American Academy in 2017.
________________________________
[http://sites3.aaepa.com/images/attorney_photos/11611.jpg]Joseph Esry -
Parman & Easterday, LLP
Send Email<mailto:jesry at parmanlaw.com> | Visit
Website<http://www.parmanlaw.com/>
Overland Park, KS
10740 Nall Avenue,
Suite 160
Overland Park, KS 66211
Google
Map<http://maps.google.com/maps?f=q&q=10740%20Nall%20Avenue%20Overland%20Par
k,%20KS,%2066211>
Phone: (913) 385-9400
Fax: (913) 385-9422
[deed processing
info<https://members.aaepa.com/forms/DeedProcessing/Info.asp?person_id=11611
&company_id=5687>]
This Attorney satisfied the 36 hours of annual Continuing Legal Education
requirement of the American Academy in 2017.
________________________________
[http://sites3.aaepa.com/images/attorney_photos/10526.jpg]Chris
Gaughan<http://members.aaepa.com/public/profile.aspx?person_id=10526> -
Gaughan & Connealy
Send Email<mailto:chris at midwestestateplan.com> | Visit
Website<http://www.midwestestateplan.com/>
Overland Park, KS
[PRIMARY OFFICE]
4400 College Boulevard, Suite 190
Overland Park, KS 66211
Google
Map<http://maps.google.com/maps?f=q&q=4400%20College%20Boulevard,%20Suite%20
190%20Overland%20Park,%20KS,%2066211>
Phone: (913) 262-2000
Fax: (913) 904-1348
This Attorney satisfied the 36 hours of annual Continuing Legal Education
requirement of the American Academy in 2017.
________________________________
[http://sites3.aaepa.com/images/attorney_photos/5678.jpg]Larry
Parman<http://members.aaepa.com/public/profile.aspx?person_id=5678> - Parman
& Easterday, LLP
Send Email<mailto:lparman at parmanlaw.com> | Visit
Website<http://www.parmanlaw.com/>
Overland Park, KS
10740 Nall Avenue,
Suite 160
Overland Park, KS 66211
Google
Map<http://maps.google.com/maps?f=q&q=10740%20Nall%20Avenue%20Overland%20Par
k,%20KS,%2066211>
Phone: (913) 385-9400
Fax: (913) 385-9422
[deed processing
info<https://members.aaepa.com/forms/DeedProcessing/Info.asp?person_id=5678&
company_id=5687>]
** American Academy CLE Requirement Not Met in 2017. **
Stephen M. Waltar
Attorney at Law
[cid:image001.png at 01D3F800.52B1D170]<http://www.waltar.com/> [LEGACY -
Final Graphics-05] <http://www.waltar.com/>
Legacy Estate Planning, LLC
A division of Stephen M. Waltar PS
1750 112th Avenue NE, Suite C245, Bellevue, WA 98004
info at waltar.com<mailto:info at waltar.com> | 425.455.6788 o | 425.450.4601 f
[yelp]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.yelp.com_biz_
stephen-2Dm-2Dwaltar-2Dps-2Dbellevue&d=DwMFAg&c=lyRy51zjx4hQJcB3JCGUOU5vX-jE
GJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFppGXmb3
jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=a89P3SfyaWGNCVXSqP1f5Li43C53HbQ7k5s-H8sPMj
U&e=> [download]
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.linkedin.com_pub_s
tephen-2Dwaltar_7_1a1_2b0&d=DwMFAg&c=lyRy51zjx4hQJcB3JCGUOU5vX-jEGJJtBuA7jLo
19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFppGXmb3jRT1eyK2_Vv
70EGl8R-DU22LRv3VRAI&s=4oFLhqFoITu81ajYvGsJyY0Xhwm4kMdlCCC1a-jEl-0&e=>
[facebook_logo-150x150]
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_Steph
en-2DM-2DWaltar-2DPS-2D663832273655743_timeline_&d=DwMFAg&c=lyRy51zjx4hQJcB3
JCGUOU5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=
MGhtFppGXmb3jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=OETy828aPHb4XItE-sB8UPM43O1jgz
P-sSRItwWhtuA&e=> [Screen-Shot-2015-!
05-22-at-2]
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avvo.com_attorneys_
98004-2Dwa-2Dstephen-2Dwaltar-2D23359.html&d=DwMFAg&c=lyRy51zjx4hQJcB3JCGUOU
5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFp
pGXmb3jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=sB_zI9eLq-cShIljEvTmyxk-E5Hp9oQvdiPr
c6Zlpdo&e=> [SMW Logo - small (150x147) - BLACK]
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.waltar.com_&d=DwMFA
g&c=lyRy51zjx4hQJcB3JCGUOU5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2
zMwT_mLdmWUQrLmOQ&m=MGhtFppGXmb3jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=N5uTUFuWfm
y9s_fMdrutoFz4OsuPKchTXQWB_IubxHE&e=>
Circular 230 Warning: This communication is not intended to constitute tax
advice and may not be used by any person or entity for the purpose of
avoiding penalties that may be imposed by the Internal Revenue Service.
Confidentiality Notice: The information contained herein and any attachments
are a private communication sent by the Law Firm of Stephen M. Waltar, PS
and may contain confidential and/or legally privileged information meant
solely for the intended recipient. If you are not the intended recipient,
you are hereby notified that any use, dissemination, distribution,
forwarding or any form of copying of this communication is strictly
prohibited. Please notify the sender immediately by replying to this
message, then delete the e-mail and any attachments from your system.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Felicia Value
Sent: Thursday, November 8, 2018 2:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Missouri Trust Attorney
Colleagues,
Can you recommend an experienced trust attorney in Missouri? Client is the
beneficiary of a group of testamentary trust and needs guidance on options,
potentially including decanting.
I will forward your responses directly to client.
Thank you!
--
Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner, WA 98257
(360) 466-2088
Felicia at skagitprobate.com<mailto:Felicia at skagitprobate.com>
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/attac
hment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 28835 bytes
Desc: image001.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 37137 bytes
Desc: image002.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 29374 bytes
Desc: image003.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
003-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 6411 bytes
Desc: image004.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
004-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 37584 bytes
Desc: image005.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
005-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 25315 bytes
Desc: image006.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
006-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 5571 bytes
Desc: image007.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 8674 bytes
Desc: image008.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
008-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 2191 bytes
Desc: image009.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
009-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.jpg
Type: image/jpeg
Size: 1454 bytes
Desc: image010.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
010-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image011.png
Type: image/png
Size: 1433 bytes
Desc: image011.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
011-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image012.png
Type: image/png
Size: 1100 bytes
Desc: image012.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
012-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image013.jpg
Type: image/jpeg
Size: 1333 bytes
Desc: image013.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/ee4b9464/image
013-0001.jpg>
------------------------------
Message: 10
Date: Wed, 28 Nov 2018 22:39:42 +0000
From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CY4PR18MB133387E8CD1A51E04854BCFFD5D10 at CY4PR18MB1333.namprd18.prod.outlook.
com>
Content-Type: text/plain; charset="utf-8"
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] 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
--
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>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/a0665e66/attac
hment-0001.html>
------------------------------
Message: 11
Date: Wed, 28 Nov 2018 14:48:22 -0800
From: Elizabeth Bateman <elizabeth at batemanlawgroup.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CAGNciRZ88x98=YwXtxrTV1_xdEd_j3trVeNuf5ZLVqkA0+abSw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
The will itself takes 4 months to become final if it is probated under RCW
11.24.010:
RCW 11.24.010 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.24.010>
Contest of probate or rejection?Limitation of action?Issues.
If any person interested in any will shall appear within four months
immediately following the probate or rejection thereof, and by petition to
the court having jurisdiction contest the validity of said will, or appear
to have the will proven which has been rejected, he or she shall file a
petition containing his or her objections and exceptions to said will, or
to the rejection thereof. Issues respecting the competency of the deceased
to make a last will and testament, or respecting the execution by a
deceased of the last will and testament under restraint or undue influence
or fraudulent representations, or for any other cause affecting the
validity of the will or a part of it, shall be tried and determined by the
court.
For the purpose of tolling the four-month limitations period, a contest is
deemed commenced when a petition is filed with the court and not when
served upon the personal representative. The petitioner shall personally
serve the personal representative within ninety days after the date of
filing the petition. If, following filing, service is not so made, the
action is deemed to not have been commenced for purposes of tolling the
statute of limitations.
If no person files and serves a petition within the time under this
section, the probate or rejection of such will shall be binding and final.
On Wed, Nov 28, 2018 at 2:40 PM Diane J. Kiepe <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] *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>
> 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
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
>
> --
>
> Elizabeth G. Bateman
>
> Associate Attorney
>
> *Admitted in Washington and Minnesota *
>
> *Bateman Law Group, PLLC*
>
> 999 Third Avenue, Suite 2525
>
> Seattle, WA 98104-4089
>
> Tel: (206) 224-0900
>
> Fax: (206) 467-8028
>
>
>
> This email is covered by the Electronic Communications Privacy Act, 18 USC
> Sections 2510-2521 and is legally privileged. This information is
> confidential and is intended only for the use of the individual or entity
> named above. If the reader of this message is not the intended recipient,
> you are hereby notified that any dissemination, distribution, or copying
of
> this communication is strictly prohibited. If you think that you have
> received this email message in error, please notify the sender via email
or
> by telephone at (206) 224-0900.
>
>
> IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
> before the Internal Revenue Service, any tax advice contained in this
> communication (including attachments) is not intended to be used, and
> cannot be used, for purposes of avoiding penalties imposed under the
United
> States Internal Revenue Code or promoting, marketing or recommending to
> another person any tax-related matter.
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
*Admitted in Washington and Minnesota *
*Bateman Law Group, PLLC*
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and
cannot be used, for purposes of avoiding penalties imposed under the United
States Internal Revenue Code or promoting, marketing or recommending to
another person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/5e349ee4/attac
hment-0001.html>
------------------------------
Message: 12
Date: Wed, 28 Nov 2018 14:50:22 -0800
From: "Cyrus Field" <cyfield at rockisland.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID: <00ca01d4876c$c073cfa0$415b6ee0$@com>
Content-Type: text/plain; charset="utf-8"
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
******************************************************************
The information contained in this e-mail message, including attachments, may
be privileged, confidential and protected from disclosure. If you are not
the intended recipient, any dissemination, distribution or copying is
strictly prohibited. If you think you have received this e-mail in error,
please e-mail the sender at cyfield at rockisland.com and destroy or delete the
original and any copies.
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
cid:image001.jpg at 01D013C2.30F35160
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
<mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com
<http://www.westseattlelaw.com/> www.westseattlelaw.com
Click here to connect with de Vrieze | Carney on Facebook:
<https://www.facebook.com/DeVriezeCarney> FB Logo
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
privileged and/or confidential information. If you have received this
e-mail in error, please notify the sender immediately and delete all copies
of this e-mail message and any attachment.
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
--
Brent Williams-Ruth
Founding Member
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
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/20afaa3d/attac
hment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4852 bytes
Desc: not available
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/20afaa3d/image
003-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 3264 bytes
Desc: not available
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/20afaa3d/image
005-0001.png>
------------------------------
Message: 13
Date: Wed, 28 Nov 2018 14:54:01 -0800
From: Elizabeth Bateman <elizabeth at batemanlawgroup.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CAGNciRbCj6cVi1Jnhdwd1wVky7G3PxhbPj4NMVADy2TVK_8E_Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Oops, you're right. I did not notice that it was a copy that was found,
not an original.
On Wed, Nov 28, 2018 at 2:51 PM Cyrus Field <cyfield at rockisland.com> wrote:
> 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*
>
> ******************************************************************
>
> The information contained in this e-mail message, including attachments,
> may be privileged, confidential and protected from disclosure. If you are
> not the intended recipient, any dissemination, distribution or copying is
> strictly prohibited. If you think you have received this e-mail in error,
> please e-mail the sender at cyfield at rockisland.com and destroy or delete
> the original and any copies.
>
>
>
>
>
>
>
> *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*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: **[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information. If you have received this
> e-mail in error, please notify the sender immediately and delete all
copies
> of this e-mail message and any attachment.
>
>
>
> *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
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
*Admitted in Washington and Minnesota *
*Bateman Law Group, PLLC*
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and
cannot be used, for purposes of avoiding penalties imposed under the United
States Internal Revenue Code or promoting, marketing or recommending to
another person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/634d48dc/attac
hment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4852 bytes
Desc: not available
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/634d48dc/image
003-0002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 3264 bytes
Desc: not available
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/634d48dc/image
005-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4852 bytes
Desc: not available
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/634d48dc/image
003-0003.jpg>
------------------------------
Message: 14
Date: Wed, 28 Nov 2018 14:55:30 -0800
From: Setareh Mahmoodi <mahmoodi.setareh at gmail.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CAE-FwjurtOzDb6tHdejzsKOnwFRZ9vEOVzTmNufD_Oc+oNVLvA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
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> 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] *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>
> 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
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
>
> --
>
> Elizabeth G. Bateman
>
> Associate Attorney
>
> *Admitted in Washington and Minnesota *
>
> *Bateman Law Group, PLLC*
>
> 999 Third Avenue, Suite 2525
>
> Seattle, WA 98104-4089
>
> Tel: (206) 224-0900
>
> Fax: (206) 467-8028
>
>
>
> This email is covered by the Electronic Communications Privacy Act, 18 USC
> Sections 2510-2521 and is legally privileged. This information is
> confidential and is intended only for the use of the individual or entity
> named above. If the reader of this message is not the intended recipient,
> you are hereby notified that any dissemination, distribution, or copying
of
> this communication is strictly prohibited. If you think that you have
> received this email message in error, please notify the sender via email
or
> by telephone at (206) 224-0900.
>
>
> IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
> before the Internal Revenue Service, any tax advice contained in this
> communication (including attachments) is not intended to be used, and
> cannot be used, for purposes of avoiding penalties imposed under the
United
> States Internal Revenue Code or promoting, marketing or recommending to
> another person any tax-related matter.
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
--
*Best regards, *
*Setareh Mahmoodi *
*Attorney at Law *
*18222 104th Ave NE, Suite 103*
*Bothell, WA 98011*
*Phone: 425-806-1500*
*Cell: 206-683-1006 *
*Fax: 425-489-4142 (Please email documents if at all possible) *
*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*
*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only. It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges. If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.
Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/5b70eaf4/attac
hment-0001.html>
------------------------------
Message: 15
Date: Wed, 28 Nov 2018 15:09:51 -0800
From: Brent Williams-Ruth <brent at bwrconsults.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID: <6625D7B5-97EE-4927-853D-8C9FD0DC2C1E at bwrconsults.com>
Content-Type: text/plain; charset="utf-8"
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 / website: www.bwrconsults.com
> On Nov 28, 2018, at 2:55 PM, Setareh Mahmoodi <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>
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] 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> 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
>>
>>
>>
>> --
>>
>> Brent Williams-Ruth
>> Founding Member
>>
>> BWR Consulting, PLLC
>>
>> Phone: (425) 830-5134
>>
>> e-mail / website / facebook
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>>
>>
>>
>>
>> --
>>
>> Elizabeth G. Bateman
>>
>> Associate Attorney
>>
>> Admitted in Washington and Minnesota
>>
>> Bateman Law Group, PLLC
>>
>> 999 Third Avenue, Suite 2525
>>
>> Seattle, WA 98104-4089
>>
>> Tel: (206) 224-0900
>>
>> Fax: (206) 467-8028
>>
>>
>>
>> This email is covered by the Electronic Communications Privacy Act, 18
USC Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
>>
>>
>> IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
> --
> Best regards,
>
> Setareh Mahmoodi
> Attorney at Law
> 18222 104th Ave NE, Suite 103
> Bothell, WA 98011
> Phone: 425-806-1500
> Cell: 206-683-1006
> Fax: 425-489-4142 (Please email documents if at all possible)
> Website: http://www.lawofficesofsm.com/
>
> CONFIDENTIALITY NOTICE: This email message and any attachments is a
transmission from the law firm and is intended for the recipient only. It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges. If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.
> Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any
tax-related matters addressed herein.
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/8891aeee/attac
hment-0001.html>
------------------------------
Message: 16
Date: Wed, 28 Nov 2018 23:12:16 +0000
From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CY4PR18MB1333E6874C4B0CAF7B280290D5D10 at CY4PR18MB1333.namprd18.prod.outlook.
com>
Content-Type: text/plain; charset="utf-8"
Thank you,
And I promise, I?m not trying to be difficult here ? but the note below
states 4 months from the Probate ? the probate was commenced on the
appointment of the PR right? Wouldn?t any filing relate back? I don?t
believe the probate itself is not valid because a subsequent Will is found.
I sort of compare this to a case I had seen where the spouse had priority to
serve but someone else was appointed, spouse went in and had herself
appointed ? in that case would you say the 4 months starts over because new
PR serves notice of appointment?
Again, thanks!
Diane
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Elizabeth Bateman
Sent: Wednesday, November 28, 2018 2:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?
The will itself takes 4 months to become final if it is probated under RCW
11.24.010:
RCW 11.24.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.24.010>
Contest of probate or rejection?Limitation of action?Issues.
If any person interested in any will shall appear within four months
immediately following the probate or rejection thereof, and by petition to
the court having jurisdiction contest the validity of said will, or appear
to have the will proven which has been rejected, he or she shall file a
petition containing his or her objections and exceptions to said will, or to
the rejection thereof. Issues respecting the competency of the deceased to
make a last will and testament, or respecting the execution by a deceased of
the last will and testament under restraint or undue influence or fraudulent
representations, or for any other cause affecting the validity of the will
or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations period, a contest is
deemed commenced when a petition is filed with the court and not when served
upon the personal representative. The petitioner shall personally serve the
personal representative within ninety days after the date of filing the
petition. If, following filing, service is not so made, the action is deemed
to not have been commenced for purposes of tolling the statute of
limitations.
If no person files and serves a petition within the time under this section,
the probate or rejection of such will shall be binding and final.
On Wed, Nov 28, 2018 at 2:40 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.wsbarp
pt.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
--
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>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/bea76dfe/attac
hment-0001.html>
------------------------------
Message: 17
Date: Wed, 28 Nov 2018 15:23:25 -0800
From: "Maureen Wickert" <wickertlaw at comcast.net>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Puyallup Estate Planning Attorney
Message-ID: <023201d48771$5fba5c10$1f2f1430$@comcast.net>
Content-Type: text/plain; charset="utf-8"
Nancy Lee in Puyallup is a good choice.
http://www.nancyleelaw.comcastbiz.net/
Very truly yours,
Maureen A. Wickert, Attorney at Law
14900 Interurban Avenue South, Suite 255
Tukwila, WA 98168
Phone: 206-859-5502
Fax: 206-260-9005
<http://www.wickertlawoffice.com/> www.wickertlawoffice.com
<mailto:wickertlaw at comcast.net> wickertlaw at comcast.net
This electronic message contains information which may be confidential
and/or legally privileged. The information is intended for the use of the
individual or entity named above. If you are not the intended recipient, be
aware that any disclosure, copying, distribution or use of the contents of
this transmission is prohibited. If you have received this electronic
transmission in error, please notify me by telephone or by email
immediately.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of J Mackenzie Hogan
Sent: November 27, 2018 16:30
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Puyallup Estate Planning Attorney
I am in need of an attorney in the Puyallup area who can travel to a client
for Estate Planning and administration work. Any referrals are appreciated.
Thanks.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/a7f92305/attac
hment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2703 bytes
Desc: not available
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/a7f92305/image
001-0001.jpg>
------------------------------
Message: 18
Date: Wed, 28 Nov 2018 23:31:47 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<57DC2058F333E340877E551711127784FBF951 at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="us-ascii"
"Probate" has multiple meanings. In this context "probate" means "proving"
of the Will ("probate or rejection thereof," with "thereof" meaning "the
Will"), not the more generic meaning of "probate administration." An
intestate administration technically is not a probate, even though everyone
calls it that.
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
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Wednesday, November 28, 2018 3:12 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?
Thank you,
And I promise, I'm not trying to be difficult here - but the note below
states 4 months from the Probate - the probate was commenced on the
appointment of the PR right? Wouldn't any filing relate back? I don't
believe the probate itself is not valid because a subsequent Will is found.
I sort of compare this to a case I had seen where the spouse had priority to
serve but someone else was appointed, spouse went in and had herself
appointed - in that case would you say the 4 months starts over because new
PR serves notice of appointment?
Again, thanks!
Diane
From:
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 2:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?
The will itself takes 4 months to become final if it is probated under RCW
11.24.010:
RCW 11.24.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.24.010>
Contest of probate or rejection-Limitation of action-Issues.
If any person interested in any will shall appear within four months
immediately following the probate or rejection thereof, and by petition to
the court having jurisdiction contest the validity of said will, or appear
to have the will proven which has been rejected, he or she shall file a
petition containing his or her objections and exceptions to said will, or to
the rejection thereof. Issues respecting the competency of the deceased to
make a last will and testament, or respecting the execution by a deceased of
the last will and testament under restraint or undue influence or fraudulent
representations, or for any other cause affecting the validity of the will
or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations period, a contest is
deemed commenced when a petition is filed with the court and not when served
upon the personal representative. The petitioner shall personally serve the
personal representative within ninety days after the date of filing the
petition. If, following filing, service is not so made, the action is deemed
to not have been commenced for purposes of tolling the statute of
limitations.
If no person files and serves a petition within the time under this section,
the probate or rejection of such will shall be binding and final.
On Wed, Nov 28, 2018 at 2:40 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.wsbarp
pt.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
--
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>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/350e2752/attac
hment-0001.html>
------------------------------
Message: 19
Date: Wed, 28 Nov 2018 23:32:17 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<BN6PR16MB00831D11D72690DDBCE23660E9D10 at BN6PR16MB0083.namprd16.prod.outlook.
com>
Content-Type: text/plain; charset="utf-8"
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.wsbarp
pt.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
--
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>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Best regards,
Setareh Mahmoodi
Attorney at Law
18222 104th Ave NE, Suite 103
Bothell, WA 98011
Phone: 425-806-1500
Cell: 206-683-1006
Fax: 425-489-4142 (Please email documents if at all possible)
Website: http://www.lawofficesofsm.com/
CONFIDENTIALITY NOTICE: This email message and any attachments is a
transmission from the law firm and is intended for the recipient only. It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges. If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.
Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any
tax-related matters addressed herein.
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/2e6d81e8/attac
hment-0001.html>
------------------------------
Message: 20
Date: Wed, 28 Nov 2018 23:35:13 +0000
From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Found....how to file?
Message-ID:
<CY4PR18MB13330624E88DEF0F43060208D5D10 at CY4PR18MB1333.namprd18.prod.outlook.
com>
Content-Type: text/plain; charset="us-ascii"
Thanks! I should have known that ;)
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, November 28, 2018 3:32 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?
"Probate" has multiple meanings. In this context "probate" means "proving"
of the Will ("probate or rejection thereof," with "thereof" meaning "the
Will"), not the more generic meaning of "probate administration." An
intestate administration technically is not a probate, even though everyone
calls it that.
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
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Wednesday, November 28, 2018 3:12 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?
Thank you,
And I promise, I'm not trying to be difficult here - but the note below
states 4 months from the Probate - the probate was commenced on the
appointment of the PR right? Wouldn't any filing relate back? I don't
believe the probate itself is not valid because a subsequent Will is found.
I sort of compare this to a case I had seen where the spouse had priority to
serve but someone else was appointed, spouse went in and had herself
appointed - in that case would you say the 4 months starts over because new
PR serves notice of appointment?
Again, thanks!
Diane
From:
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 2:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Will Found....how to file?
The will itself takes 4 months to become final if it is probated under RCW
11.24.010:
RCW 11.24.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.24.010>
Contest of probate or rejection-Limitation of action-Issues.
If any person interested in any will shall appear within four months
immediately following the probate or rejection thereof, and by petition to
the court having jurisdiction contest the validity of said will, or appear
to have the will proven which has been rejected, he or she shall file a
petition containing his or her objections and exceptions to said will, or to
the rejection thereof. Issues respecting the competency of the deceased to
make a last will and testament, or respecting the execution by a deceased of
the last will and testament under restraint or undue influence or fraudulent
representations, or for any other cause affecting the validity of the will
or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations period, a contest is
deemed commenced when a petition is filed with the court and not when served
upon the personal representative. The petitioner shall personally serve the
personal representative within ninety days after the date of filing the
petition. If, following filing, service is not so made, the action is deemed
to not have been commenced for purposes of tolling the statute of
limitations.
If no person files and serves a petition within the time under this section,
the probate or rejection of such will shall be binding and final.
On Wed, Nov 28, 2018 at 2:40 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.wsbarp
pt.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
--
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>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Avenue, Suite 2525
Seattle, WA 98104-4089
Tel: (206) 224-0900
Fax: (206) 467-8028
This email is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 and is legally privileged. This information is
confidential and is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of
this communication is strictly prohibited. If you think that you have
received this email message in error, please notify the sender via email or
by telephone at (206) 224-0900.
IRS CIRCULAR 230 NOTICE - Pursuant to requirements related to practice
before the Internal Revenue Service, any tax advice contained in this
communication (including attachments) is not intended to be used, and cannot
be used, for purposes of avoiding penalties imposed under the United States
Internal Revenue Code or promoting, marketing or recommending to another
person any tax-related matter.
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/a84df497/attac
hment.html>
------------------------------
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
End of WSBAPT Digest, Vol 50, Issue 24
**************************************
More information about the WSBAPT
mailing list