[WSBAPT] Clerk Lost the Will

Fri Feb 26 12:54:21 PST 2021

I like jbd's suggestion! Perhaps ask if they are willing to pay the
attorney's fees associated with obtaining the order as well. Or better yet,
just put it in the petition.

On Fri, Feb 26, 2021 at 9:14 AM <jbdolan at jbdolan.com> wrote:

> Maybe have the Clerk sign the affidavit stating that the Clerk’s office
> lost the Will. 😊
>
>
>
> -jbd-
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *John J. Sullivan
> *Sent:* Friday, February 26, 2021 8:42 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Clerk Lost the Will
>
>
>
> Wow. Glad to say I haven’t run into this.
>
>
>
> I would probably try submitting a variation on the typical affidavit used
> in a lost will case, stating that the original was lost by the clerk and
> not “under circumstances indicating revocation” because the
> testator/testatrix was already dead and even with Zoom there’s been no
> contact by the living with him/her/them.
>
>
>
> I would strenuously object to having to submit a whole substitute Petition
> as if the decedent or I list the Will.
>
>
>
> Someone’s head should roll at the Clerk’s Office and they should review
> their practices, now that we cannot present in person.
>
>
>
> My two cents.
>
>
>
> John J. Sullivan
>
> Sent from my iPhone
>
>
>
> On Feb 26, 2021, at 8:33 AM, Mark Reinhardt <MReinhardt at rehberglaw.com>
> wrote:
>
> 
>
> Dear Listmates:
>
>
>
> One of my colleagues has a situation with the King County Clerk’s Office:
>
>
>
> Two wills were provided to the King County Clerk’s Office through legal
> messenger service.  Firm received a phone call from member of Clerk’s
> Office that Wills were received but lost and requested Firm send in
> copies.  Copies were sent and the Firm received a call from Clerk’s Office
> asking about the originals.  Firm informed Clerk’s Office that they
> misplaced them and it should not be the fault of the firm or the client
> that an Original is not available to be filed.  Firm suggested that copies
> be considered originals as the misplacement was not the fault of Firm or
> client and they client should not have consequences for actions not
> theirs.  Clerk’s’ Office spoke with supervisor and informed Firm that Firm
> would need to obtain Court Order to get the copies certified as original
> and there was nothing else to be done.
>
>
>
> Has anyone faced this issue?
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