[WSBAPT] TPP Memo - File with Will?

[Nicholas Pleasants]

Thanks, Krista! That was my gut feeling too, just wanted to get others’ input.
I share office space with other lawyers, but they are not in the office these days to bounce ideas off of. I appreciate your response very much.

Best,
Nick

Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: Krista MacLaren <kjm.inc at mac.com>
Date: Monday, May 18, 2020 at 5:57 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Cc: Nicholas Pleasants <nick at pleasantslaw.com>
Subject: Re: [WSBAPT] TPP Memo - File with Will?

Hi Nick,

My thought is that since the point of filing the will is to make it available to interested parties, and since the TPP Memo is “given effect as if it were actually contained in the will itself,” I would file it with the will, because really they should be read together to see the complete picture.  Also, I don’t think there is any harm in filing them together.

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com<mailto:kjm.inc at icloud.com>

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On May 18, 2020, at 2:37 PM, Nicholas Pleasants <nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>> wrote:

Hi All,
If you have a deceased person’s Will that you are going to file with the Superior Court, and it is found with a TPP Memo pursuant to RCW 11.12.260, do you also file the TPP Memo as part of the Will? Is it considered an exhibit to the Will? I rarely encounter these. My concern is that I am doing a Will only filing, so there won’t be an executor or probate (all joint tenancy assets passed to surviving spouse). I think King County does not allow additional pleadings in a Will only cause #, so it would have to be filed with the Will if it is filed at all.
On a practical note, I’m not sure about the effectiveness of a TPP Memo for first spouse to die, considering the items described could be asserted as community property. But I imagine surviving spouse would be fine with honoring the decedent’s wishes.

Best,
Nick

Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
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