[WSBAPT] Mutual Will

[Rob Bartlett]

Hi Mike:  There are number of actions you can, and likely have to, take under the probate code given your role as a fiduciary.  Getting into the facts and law on this is probably well beyond a simple email however.  If you’re interested in a consultation please feel free to call me or make an appointment.  Our practice involves a substantial amount of probate and probate-related litigation.

Best,

--rob

Robert M. Bartlett, Esq.
Cook & Bartlett, PLLC
1900 W. Nickerson St., Ste. 215
Seattle, WA 98119
(206) 282-2710
Fax: (206) 282-2707

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Wednesday, February 27, 2019 10:04 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Mutual Will

I am the attorney probating my Dad's will. It is a mutual will which he (91 yo) and my step mother (mom) (92 yo) had another attorney draft.  The intent of the Will is essentially that the survivor is given the property and when she dies it shall go to their children in set amounts. Both agree not to change this residual disposition.
The only issue currently is that mom's daughter, who has several felonies and lives with mom, has been stealing money and has been, even before my Dad's death,  pressuring them to give her the house - however, since his death she has continued using her undue influence to try to get mom to change the will.
Mom has not been willing to do anything because she believed that no one would help her and she would have to move out of her home.
Now 4 months later another attorney has contacted me about her selling the house and moving to a facility to care for her and having a professional become the DPOA Agent (currently her son).  He also brought up the issue of taking care of mom's daughter.
My question is what should I do with the knowledge of the daughter's stealing and undue influence?
What should /can I do in this probate to ensure that my dad's and step mom's intent is given effect?
Thanks
Mike

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