[WSBAPT] Mutual Will

Wed Feb 27 22:10:03 PST 2019

Mike,

It appears to me that you are in the driver's seat. The whole of the
community property is subject to the administration of the probate estate.
RCW 11.02.070  As PR, you have control of the whole of the estate and you
are responsible to carry out the intent of the testator. Instead of
exercising your non-intervention powers, file a petition for distribution,
giving notice to the mother and daughter. At the hearing on the petition,
get a court order establishing the validity of the contract between the
decedent and the surviving spouse and a authority to file a Notice of
Contract with the auditor. No title company will insure any transaction that
violates the terms of the contract and the whole world will be on
constructive notice of the contract. Any inter vivos transaction between the
mother and daughter will run afoul of the contract.

Howard Herman WSBA 3244

117 N McDonald Rd.

Spokane Valley, WA 99216

509.220.5810

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Wednesday, February 27, 2019 11:45 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mutual Will

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-p
revention> 

https://www.agewisekingcounty.org/ill_pubs_articles/elder-abuse-two-true-sto
ries-of-support/

https://www.asaging.org/blog/collaboration-essential-king-countys-response-c
ase-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>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of
michael at westseattleattorney.com <mailto: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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