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

[Randolph Petgrave]

I don’t think there is a duty to seek admission of the copy. Certainly an interested party has the ability to try. 

That being said, if filing for intestacy I think there is the duty to notify the court and any named beneficiaries of the will that it exists, and provide notice of the intestacy hearing.

Randy

Sent from my iPhone

> On Nov 29, 2018, at 3:22 AM, "joyce at schwensenlaw.com" <joyce at schwensenlaw.com> wrote:
> 
> 
> 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.
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> -----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
> 
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> 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
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> ------------------------------
> 
> 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
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> ------------------------------
> 
> 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
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> 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>
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> ------------------------------
> 
> 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
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> 
> 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
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> ------------------------------
> 
> 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>
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> ------------------------------
> 
> 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
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> ------------------------------
> 
> 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
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> 
> ------------------------------
> 
> 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_
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> 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
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> [facebook_logo-150x150]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_Steph
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> 05-22-at-2]
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avvo.com_attorneys_
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> 5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFp
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> c6Zlpdo&e=>  [SMW Logo - small (150x147) - BLACK]
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> 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>
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> 
> ------------------------------
> 
> 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...
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> <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 
> 
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> 
> ------------------------------
> 
> 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>
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> 
> ------------------------------
> 
> 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.
>> _______________________________________________
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>> http://mailman.fsr.com/mailman/listinfo/wsbapt
> -------------- next part --------------
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> <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.
> 
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> 
> ------------------------------
> 
> 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
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> _______________________________________________
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> 
> ------------------------------
> 
> 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 --------------
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> <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181128/a84df497/attac
> hment.html>
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> ------------------------------
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> 
> End of WSBAPT Digest, Vol 50, Issue 24
> **************************************
> 
> 
> 
> _______________________________________________
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> http://mailman.fsr.com/mailman/listinfo/wsbapt