[WSBAPT] Mutual Will

[Eric Nelsen]

Sounds like there was a binding contract not to change residual disposition. But does it prevent inter vivos gifts after the first spouse has died? There may still be a risk of an inter vivos transfer from stepmom to her daughter.

I'm not sure what dad's probate can do to protect here. I would start with the contract between dad and stepmom, to see what possible restrictions could be put on inter vivos transfers from stepmom that would violate the spirit of the agreement to maintain residual disposition. The chief opportunity there would probably be a notice recorded on the real property, but it sounds like the house will be sold so that is likely not an option anyway.

Once her assets at liquid, the critical thing will be having a responsible party handling her money. A professional fiduciary or a guardian are the standard options.

The attorney who contacted you recently--who does he represent?

Regarding stepmom's daughter, there are a lot of options and resources available in King County, for reporting financial exploitation of an elder:
Vulnerable Adult Protection Order<https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=70>
King County Prosecutor's Elder and Vulnerable Adult Abuse Division<https://www.kingcounty.gov/depts/prosecutor/victim-community-support/elder-abuse.aspx> (I know Page Ulrey, she is great)
Additional Info<https://www.kingcounty.gov/depts/prosecutor/victim-community-support/elder-abuse/additional-info.aspx>
DSHS Adult Abuse and Prevention<https://www.dshs.wa.gov/altsa/home-and-community-services/adult-abuse-and-prevention>
https://www.agewisekingcounty.org/ill_pubs_articles/elder-abuse-two-true-stories-of-support/
https://www.asaging.org/blog/collaboration-essential-king-countys-response-case-elder-abuse-and-exploitation (Page is co-author of this article)

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 michael at westseattleattorney.com
Sent: Wednesday, February 27, 2019 10:04 AM
To: WSBA Probate & Trust Listserve
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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