[WSBAPT] Will/CPA

Tue Jul 13 15:52:23 PDT 2021

I do not believe a CPA trumps a Will, it is just another tool in the estate
planning process.  If there is a need to use the Will, although the CPA is
available, I would probate.   Is there any statute that favors CPA over
Wills?

Jeff

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Ken Luce
Sent: Tuesday, July 13, 2021 3:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will/CPA

The SNT in the will is optional and can be elected by the PR who is not he
surviving spouse. If no needfor Medicaid all goes to surviving spouse in
which case we would use the CPA. If there is a need the PR uses his
discretion to set up SNY and we would disregard the CPA.

From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Diane J. Kiepe
Sent: Tuesday, July 13, 2021 3:34 PM
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Subject: Re: [WSBAPT] Will/CPA

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Ken,

If the SNT in the Will is for the surviving spouse, the CPA will be
problematic.  The CPA, if not revoked in any way, will trump the Will.  I
sense I may either be reading your note below wrong or missing a fact.

Happy to send you a direct e-mail with some additional information.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Ken Luce
Sent: Tuesday, July 13, 2021 3:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Will/CPA

Concern is with CPA it eliminates provisions in their will for SNT

kl 

From: wsbapt-bounces at lists.wsbarppt.com
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Subject: Re: [WSBAPT] Will/CPA

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Ken,

I would use what is most beneficial for the situation.  Is there a surviving
spouse?  If so, wouldn't the cpa be easier and avoid probate?  What is the
issue probating the Will(s).

Jeff

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Ken Luce
Sent: Tuesday, July 13, 2021 2:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Will/CPA

At time of death with will and cpa is it mandatory the cpa be used? Both
wills are identical.

Ken Luce

Luce & Associates, P.S.

4505 Pacific Hwy. E., Suite A

Tacoma, WA 98424

T: (253) 922-8724

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