[WSBAPT] Referral: Estate/Trust Litigator

Wed Mar 18 12:11:19 PDT 2020

Hi David,

I would be happy to talk with the client, but I would almost certainly advise not to pursue a will contest.  They are extremely difficult to prove (unless the D had had a doctor’s exam before the will was drafted and the doctor’s notes said D wasn’t capable of drafting a will, most likely it won’t fly).  I have done these before, both as Plaintiff and Defendant, and they are extremely expensive and have a very high burden of proof.  I would not do a contingency on this.

However, if you want to send them to me, I’ll do a free consult and let them know my thoughts.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Wednesday, March 18, 2020 11:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Referral: Estate/Trust Litigator

(C)lient is the granddaughter of (D)ecedent. C's (F)ather died around the new year and C was F's only child. F was D's child. D died in early March. Following F's death and just before D's death, D executed a new Will reducing C's share of the estate to 1/5 of the amount that F would have received (F had previously been in the WIll for an equal share with F's siblings). C is concerned that at the time of D's new Will, D was in his mid-90s, appeared to have developed dementia/mental degeneration, and was pretty well isolated. One of F's siblings/D's children/C's uncles appears to have orchestrated the change to the Will. C is very concerned about the facts and circumstances here, but I lack the office capacity at the moment to engage in the fact-finding expedition that would be necessary to sufficiently contest the Will (or it might be a trust, I am not clear on that).

I would like a referral for someone who can work with C on this matter. Of note: C has fairly meager resources at their immediate disposal. I told them they might have to be prepared to drop a few grand to determine whether there's a basis to challenge the Will, and she would try to find that cash, but we're working with someone who is young and not particularly well-off, and who would really need someone who isn't at the top of their practice or would be prepared to cut quickly to whatever the most efficient means of determining whether she has a case. Hope this makes sense.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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