[WSBAPT] needlessly nasty estate admin

Tue Mar 26 07:44:07 PDT 2019

This is quickly becoming unwanted, and illegal, harassment.  Review the anti-harassment elements in RCW 10.14.  In your letter to the harassing child, include brief descriptions of behavior that your client wants to stop and that if the behaviors continue, your client can seek to obtain an anti-harassment order.  Your client has a Community Property Agreement that trumps any Will.  The child is entitled to no assets.  Explain this in the letter and that your client has given the child 1,2,3, … out of the goodness of her heart.  

The letter should be sent by first class and certified mail [recite the USPS receipt # on the face of the letter so the on-line tracking form can match the letter].

This letter will feel harsh to non-lawyers reading it.  Your client  may want to try a softer letter first, and if that doesn’t solve her problem, then the anti-harassment warning letter.

With kindest regards,

Jenny Rydberg

 <https://www.jcrlaw.com/> 

Jennifer C. Rydberg, JD  
Of Counsel, Gellner Law Group
Phone: (425) 235-5535 

E-mail: jenny at jcrlaw.com

8407 S. 259th St. Suite 203, Kent, WA 98030-7536

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From: Dalynne Singleton <dalynne at glgmail.com> 
Sent: Sunday, March 24, 2019 11:50 AM
To: Cindy Zetts <czlawgirl at earthlink.net>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] needlessly nasty estate admin

Why don’t you file the valid Will as a Will only and not file probate as it is not necessary.  Then, send your letter to all the children of the H/W including “A”.   Understandably, the wife is distraught but being bullied into giving a spoiled child A more than A should get if horrible and won’t stop here.  Keep track of these incidents on a timeline with proof and let the rest of the children know what is happening.  Assist your client, the widow, the best you can by giving her the advice you are giving – she should not be bullied by this child.  If the bully wants to claim the Will she filed is valid and open a probate, then she should do so.  At this point, she must know the Will is not valid and is playing games with the widow.

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> 

LICENSED IN WASHINGTON AND OREGON

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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 Cindy Zetts
Sent: Saturday, March 23, 2019 3:08 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] needlessly nasty estate admin

All --

Looking for some guidance on how to handle a needlessly nasty estate case:

Say spouses H and W have reciprocal wills and a community-property agreement, both well-prepared and legit, and H dies. H's child, A, wants a piece of the estate and spends a great deal of energy working on W, who gives A several items and some money. A wants more and files with the court what looks to be an invalid later will (questionable witnesses and no notary) and sends W a letter demanding more of the estate. No probate is necessary because the estate assets are all community property and, fortunately, are titled in the names of H and W. W wants to deal with A as efficiently as possible to avoid spending money unnecessarily. The estate is relatively small but not small enough to be covered by a small-estate affidavit. A is unrepresented but getting enough information somewhere to make W's life difficult. 

Initial discussion that a strongly worded letter might suffice has turned into a discussion about opening probate using the reciprocal will. Given that A has filed the later-dated will with the court (will only, no probate), is it smart to open an otherwise needless probate with the reciprocal will? Or would that needlessly complicate matters? 

The upshot here is that all assets are community property and titled jointly, but A believes assets are hidden and that A is entitled to them. A is not H's only child, but A is the only child named in the later-dated will. Any advice on the most efficient way to shut A down? Or is this an issue where it's better to use the "throw spaghetti at the wall" approach? Said strongly worded letter is drafted but not sent.

Thanks for any advice from the hive mind. It is always much appreciated.

Cindy Zetts
Cynthia Zetts Law, PLLC
Affordable estate planning, mobile service
253-720-6446

CONFIDENTIALITY NOTICE: This email message and any attachment is a transmission from the law firm and is intended only for the intended recipient. The email may contain information that is confidential and protected by the attorney-client, work-product, and other privileges. If you are not the designated or intended recipient, please destroy the message without disclosing any of its contents and notify Cynthia Zetts Law immediately by reply email or by calling 253-720-6446.

Cindy Zetts
Cynthia Zetts Law, PLLC
Affordable estate planning, mobile service
253-720-6446

CONFIDENTIALITY NOTICE: This email message and any attachment is a transmission from the law firm and is intended only for the intended recipient. The email may contain information that is confidential and protected by the attorney-client, work-product, and other privileges. If you are not the designated or intended recipient, please destroy the message without disclosing any of its contents and notify Cynthia Zetts Law immediately by reply email or by calling 253-720-6446.

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