[WSBAPT] No Will

[Dalynne Singleton]

There is no will so you need to file the intestate estate.  I know of no caselaw or otherwise that the intent of the testator when he verbally told someone of his intent to change his estate documents but never finalized or signed them held up in court…  if he had a prior signed will, argument could be made he revoked it and is now intestate as well.  But he clearly did not sign new docs.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Sunday, June 23, 2019 8:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will or No Will

Has anyone started a probate on the premise that there is a “Will” when there isn’t?

Decedent met with an estate planning attorney nearly a year ago and gave instructions for drafting estate planning documents leaving the bulk of his estate to some of his children and leaving his estranged children $1.00 each. I am unclear as to why it took so long to get things put together, i.e. whether it was the attorney or the client who was dragging his feet. In any case, a few months ago, Decedent had a medical issue and contacted the attorney to tell him to finish up the documents and schedule the appointment to sign them ASAP as he was ill. Appointment was scheduled. Decedent died prior to signing.

The estate planning attorney has indicated he would testify as to the decedent’s intent, but is it all for naught since he didn’t get anything actually signed? Is there any way to cobble together documents to prove the testator’s intent to disinherit some of his children?

If so, how would you start the probate? Would you start it as intestate but then do Petition and Order as to the Heirs and just name the favored children?

I appreciate your thoughts on this …

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>

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