[WSBAPT] Parties Entitled to See a Will
John J. Sullivan
sullaw at comcast.net
Wed Nov 11 16:59:22 PST 2020
I had this come up earlier in the year with a pour over will to an RLT. The kids were mentioned in the will, but were cut out of the RLT in favor of charities.
I gave the kids Notice of Appointment. When they asked for a copy of the will I pointed them to the court as a public record.
Interestingly, I did not have to give them the trust notice when the RLT vested and, therefore, they never saw the RLT. Only the charities did.
John J. Sullivan
Sent from my iPhone
> On Nov 11, 2020, at 12:26 PM, Ryan P. Coon <cole-gilday at stanwoodlaw.net> wrote:
>
>
> Thank you all for your responses, the information has been immensely helpful!
>
>
>
> Very Truly Yours,
> Ryan P. Coon
> Law Office of Cole & Gilday, P.C.
>
> 10101 - 270th St. NW
> Stanwood, WA 98292
> (360) 629-2900 (Telephone)
> (360) 629-0220 (Fax)
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> 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 11/11/2020 11:28 AM, Tom Westbrook wrote:
>> Hey Eric,
>>
>> You mean you don’t do a Will reading…………? lol
>>
>> Sincerely,
>>
>> Tom
>>
>> Thomas J. Westbrook
>> Attorney at Law
>>
>> <image001.jpg>
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>> Rodgers Kee Card & Strophy, P.S.
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>> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
>> Sent: Wednesday, November 11, 2020 11:25 AM
>> To: cole-gilday at stanwoodlaw.net; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Parties Entitled to See a Will
>>
>> The Will is filed for public record, so if the PR/Estate wants to be ornery they can make the beneficiary go get a copy themselves from the court clerk. The PR does not have a duty to provide a copy of the Will—but, if the Will has trust provisions, would be best to provide a copy to Trust beneficiaries pursuant to RCW 11.98.072(1).
>>
>> I have gone both ways on this, depending on the personalities involved and the potential issues. Sometimes I advise PRs to just provide a copy of the Will if asked. But if there is one of those difficult types who bombards the PR with demands for this or that, or the person is otherwise a behavioral problem like a serial litigator, I might draw the line and tell them to go get the papers themselves.
>>
>> Sincerely,
>>
>> Eric
>>
>> Eric C. Nelsen
>> Sayre Law Offices, PLLC
>> 1417 31st Ave South
>> Seattle WA 98144-3909
>> 206-625-0092
>> eric at sayrelawoffices.com
>>
>> Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.
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>> MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.
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>> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
>> Sent: Wednesday, November 11, 2020 11:07 AM
>> To: wsbapt at lists.wsbarppt.com
>> Subject: [WSBAPT] Parties Entitled to See a Will
>>
>> Hey Listserve,
>>
>> I'm trying to figure out who has a right to see or receive a copy of a will being probated in Washington. Specifically, I'm wondering if beneficiaries under the will are entitled to see or receive a copy. I've been pouring over the statutes and haven't been able to find anything, which leads me to believe that beneficiaries are not entitled to see the will but that sounds wrong to me for some reason.
>>
>> Any help or direction would be appreciated.
>>
>> --
>>
>>
>>
>> Very Truly Yours,
>> Ryan P. Coon
>> 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.
>>
>>
>>
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