[WSBAPT] duty to deliver will - RPC 1.6

[Rick Hoss]

Dalynne,

I have a copy only.    “Will” means an instrument validly executed. RCW 11.02.005(20). 

Rick

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, May 30, 2019 3:16 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] duty to deliver will - RPC 1.6

 

File the Will as directed in the RCW.  Inform the heir that you have done so.

 

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.010> 11.20.010

Duty of custodian of will—Liability.

Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.

 

 

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

 <mailto:dalynne at glgmail.com> dalynne at glgmail.com

 

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

 <http://www.washingtonjustice.org/> cid:image001.gif at 01D4A349.7B16AA10   <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=> Rated by Super Lawyers    cid:image005.png at 01D41461.BB016100 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rick Hoss
Sent: Thursday, May 30, 2019 3:09 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] duty to deliver will - RPC 1.6

 

Listmates, 

If a lawyer has a copy of a will must it be provided to an heir who is not the personal representative? 

 

RPC 1.6 (a) says that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted in RPC 1.6(b).    RPC 1.6(b)(6) says the lawyer may reveal information relating to the representation of a client to comply with a court order.

 

My client agreement authorizes me to disclose information to the personal representative. Seattle lawyer for heir obtains ex parte court order requiring me to deliver copy of will. He threatens the estate will suffer loss if I don’t comply now.

Ethics hotline response is generally don’t disclose and resist court order. We have tried hard to find the personal representative and back up with no luck.

 

Suggestions?

Thanks.

Rick Hoss

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190530/5341a072/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4856 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190530/5341a072/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190530/5341a072/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 5410 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190530/5341a072/image003.png>