[WSBAPT] pleadings to probate lost will
Robert R. Cole
cole-gilday at stanwoodlaw.net
Thu Feb 27 12:57:22 PST 2020
My quest in Snohomish County had all heirs/beneficiaries agreeing and
waiving notice, with authentication of signatures. So it is not always
easy....
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.
10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)
This message contains confidential and privileged information that is
intended only for the named recipient(s).Unless you are the named
recipient or authorized agent thereof, you are prohibited from reading,
copying, distributing or otherwise disseminating such information.If you
receive this communication in error, please notify the sender immediately.
On 2/27/2020 12:44 PM, Heather de Vrieze wrote:
>
> I believe that some proof of authenticity of the witness signatures is
> required. Of course, agreement makes these things easy. I have
> admitted several copies to probate just in the last several months,
> each time we had consents from all interested parties (heirs and named
> beneficiaries).
>
> Heather
>
> Heather S. de Vrieze*
> */Attorney-at-Law/
>
> ////
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>
>
> www.westseattlelaw.com <http://www.westseattlelaw.com/>
>
> *Click here to connect with de Vrieze | Carney on Facebook: ****FB
> Logo* <https://www.facebook.com/DeVriezeCarney>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information. If you have received this
> e-mail in error, please notify the sender immediately and delete all
> copies of this e-mail message and any attachment.
>
> *From:*wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Mike Winslow
> *Sent:* Thursday, February 27, 2020 12:18 PM
> *To:* cole-gilday at stanwoodlaw.net; 'WSBA Probate & Trust Listserv'
> <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] pleadings to probate lost will
>
> My review of the applicable law shows that a hearing with notice to
> the heirs at law would be mandatory. 11.20.070.
>
> My concern is with validity of the self-proving affidavit. This is
> part of the copy of the Will. Obviously a copy of the affidavit.
>
> My concern is whether I need to run down a subscribing witness to
> testify to authenticity of signatures on the self-proving affidavit or
> if the surviving spouse can authenticate the signature of testator. I
> could see a could requiring testimony of a witness. See 11.20.070(1)
> and 11.20.020.
>
> And the timing of a notice of hearing does not appear to be addressed
> in 11.20.070. 11.28.131, while not specific to this issue, says ten
> days. Otherwise, it appears we go by 11.96A.100. any thoughts on this
> notice requirement would be appreciated.
>
> Mike
>
> Michael A. Winslow
>
> 1204 Cleveland Ave.
>
> Mount Vernon, WA 98273
>
> Ph. 360-336-3321
>
> Em. Mike at winslegal.com <mailto:Mike at winslegal.com>
>
> This message is from an attorney, so it’s confidential. If you are not
> the intended recipient, it’s too late to stop reading this message,
> but you may not use it for any improper purpose. Huge Disclaimer
> available upon request.
>
> *From:*wsbapt-bounces at lists.wsbarppt.com
> <mailto:wsbapt-bounces at lists.wsbarppt.com>
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Robert R. Cole
> *Sent:* Thursday, February 27, 2020 11:50 AM
> *To:* wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] pleadings to probate lost will
>
> A Snohomish County Commissioner also rejected my application (which
> had all the statutory requirements) and required a memorandum of law
> and a noted hearing. Not necessarily a user friendly court....
>
> Very Truly Yours,
>
> Robert R. Cole
>
> Law Office of Cole & Gilday, P.C.
>
> 10101 - 270th St. NW
>
> Stanwood, WA 98292
>
> (360) 629-2900 (Telephone)
>
> (360) 629-0220 (Fax)
>
> This message contains confidential and privileged information that is
> intended only for the named recipient(s). Unless you are the named
> recipient or authorized agent thereof, you are prohibited from
> reading, copying, distributing or otherwise disseminating such
> information. If you receive this communication in error, please
> notify the sender immediately.
>
> On 2/27/2020 11:31 AM, Dalynne Singleton wrote:
>
> I have shared my pleadings with Mike in a separate email. I had a
> Snohomish Commissioner reject my copy of will petition so was able
> to develop pleadings which conformed with the statute requirements
> and it was later accepted.
>
> */Dalynne Singleton/*
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
> 1002 10^th 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/
>
> 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.
>
> **Rated by Super Lawyers
> <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=>
>
> *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 *Mike Winslow
> *Sent:* Thursday, February 27, 2020 11:21 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> <mailto:wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] pleadings to probate lost will
>
> After 38 years of law practice, I have a probate involving a lost
> original will. We have a photo copy, with signatures, including
> witnesses. Preparing attorney is retired. Surviving spouse says
> she thinks attorney sent them the originals, but she cannot find
> them, nor a transmittal letter from attorney. Spouse had the photo
> copy in her possession. Says she and H had not been to an attorney
> to make changes or new wills since the time of creating the Will
> for which there is a copy. Seems straight forward enough.
>
> If someone could share a copy of their petition and order,
> together with supporting pleadings that would be most appreciated.
>
> M.
>
> Michael A. Winslow
>
> 1204 Cleveland Ave.
>
> Mount Vernon, WA 98273
>
> Ph. 360-336-3321
>
> Em. Mike at winslegal.com <mailto:Mike at winslegal.com>
>
> This message is from an attorney, so it’s confidential. If you are
> not the intended recipient, it’s too late to stop reading this
> message, but you may not use it for any improper purpose. Huge
> Disclaimer available upon request.
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
>
> WSBAPT mailing list
>
> WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>
>
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200227/a771d980/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200227/a771d980/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5137 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200227/a771d980/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 5410 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200227/a771d980/image006.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 1524 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200227/a771d980/image007.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.gif
Type: image/gif
Size: 4868 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200227/a771d980/image008.gif>
More information about the WSBAPT
mailing list