[WSBAPT] Follow up as to Mutual Will

Fri Mar 1 11:51:24 PST 2019

There is nothing to prevent the SS as to real property of the estate  from executing transfer on death deeds to whatever beneficiaries  the SS desires since the contract only obligates her not to change the will residuary clause.

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Bryce H. Dille | Attorney at Law
Dille Law, PLLC
P: 360-350-0270 | F: 844-210-4503
2010 Caton Way SW, Suite 101
Olympia, Washington 98502
www.dillelaw.com<http://www.dillelaw.com/>

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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: Friday, March 1, 2019 11:00 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Follow up as to Mutual Will

Enforceability of Washington Mutual Wills.  The Mutual Will was drafted 7 years ago. It gave the survivor all of the decedent's property and provided for the residual in specific percentages going to the heirs should each survivor predecease each other.  It contracts each so that the survivor would not change the Residual clause but then it has no such residual clause going to the heirs in specific percentages. The PR is the surviving spouse and is intending on making distributions different than what the Will implies. So while the intent of a mutual will is there, without the clause as to what would happen during the life of the survivor and or after the survivor later died, do the heirs have any recourse or standing in this case?
Thanks
Mike

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-------- Original Message --------
Subject: Re: [WSBAPT] Mutual Will
From: "Howard Herman" <hhherman2 at comcast.net<mailto:hhherman2 at comcast.net>>
Date: Wed, February 27, 2019 10:10 pm
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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-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> [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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