[WSBAPT] Open probate Estate?

[Jon Fritzler]

I represent the child of a decedent by his first wife. Decedent entered into a Community Property Agreement with his second wife that results in the second wife getting all of Decedent's property. My client will be filing a TEDRA contesting the validity of the CPA due to lack of capacity and undue influence. As far as is known the decedent did not have a will. Therefore, if the CPA is invalid then the laws of intestacy would apply.  A probate for decedent's estate has not been opened at this point. If the CPA is determined to be valid then there are no assets subject to probate because they all pass to the second wife via the CPA.  However, if the CPA is determined to be invalid the decedent's assets are subject to probate.

Does anyone have any thoughts on whether it makes sense to open an estate before the validity of the CPA is determined?  Would it be easier to obtain medical records and conduct discovery if my client were the personal representative of decedent's estate?

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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