[WSBAPT] Will or No Will

[Claudia A Gowan]

I am pretty sure that there was a case a few years ago that says that an estate planning attorney is not liable to the heirs where the deceased did not get the documents executed. Maybe someone else knows the case or perhaps you could find it. I suspect it may be a fact based inquiry, but worth looking into.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
1001 Fourth Avenue, Suite 3200
Seattle, WA 98154
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, June 24, 2019 10:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will or No Will

An oral will (nuncupative will) is not valid in Washington except under VERY limited circumstances for limited personal property per RCW 11.12.025<https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.025>. And a written will absolutely must meet the requirements of RCW 11.12.020<https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020> and be signed, in presence of witnesses, etc.

I think you have an intestacy here, and there is no realistic option I can think of that puts the intended disinheritances into effect.

Reluctantly, the only remedy I can think of is for the kids who were supposed to get the bulk of the estate to investigate a malpractice action against the EP attorney, as "intended beneficiaries" of the EP work that lost their benefit. The measure of damages is potentially the difference between their shares in intestacy distribution versus the distribution scheme under the will. The standard to actually win on the malpractice claim would be pretty difficult, I would think.

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 Amy Goertz
Sent: Sunday, June 23, 2019 8:43 PM
To: WSBA Probate & Trust Listserv
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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