[WSBAPT] Spying on Conversation

Jennifer L White jen at appletreelaw.com
Thu Jul 29 13:24:42 PDT 2021


I agree with all of Eric’s points – Additionally, judging from the comments on this string, the circumstances seem ripe for the civil tort claims of outrage, intentional infliction of emotional distress and a gross violation of personal privacy. Not to mention just a creepy stalker/voyeur/sexual deviant vibe! I would love to take the dep of that guy and watch him squirm! “How many times a day do you watch Mrs. X undress?”
You said that he was a non-beneficiary family member, but if someone in his immediate family circle is aware of this behavior and would ordinary take under her Will, I’d consider a new Will cutting off that branch of the tree!

Jennifer L. White, Esq.
[cid:image001.jpg at 01D7847B.0638D270]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, July 29, 2021 11:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Spying on Conversation

Holy s*** is my first thought! Next things coming to my mind are--evaluate civil action against the family member under Ch. 9.73 RCW<https://urldefense.proofpoint.com/v2/url?u=https-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D9.73-26full-3Dtrue&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=st62eKAPri6G5leE-WrotVwWXSIiMtNljppjGIxnOH0&s=HaEFZbpcFU1uVjrvc03gd8sq3X6zg3ohV9M0Kq1Qq3Q&e=>. Demand turnover or destruction of recordings. Consider a referral to Adult Protective Services if the client is potentially a vulnerable adult. Consider an anti-harassment petition or domestic violence protective order. Perform a search in the house to find the equipment, document thoroughly where and how it was set up, then take it down and preserve everything as evidence. You might even hire an investigator, maybe former police detective, to do all the work, so you have a witness to put on the stand if need be.

Maybe it’s not worth all that, but on the bare facts that’s where my mind went.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Thursday, July 29, 2021 11:03 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Spying on Conversation

Greetings List -

I just had a non-beneficiary family member send me an email detailing his rebuttal and defense to a conversation that I had with an Executor in their own home.  I reached out to my Executor and asked if she had spoken with this person - they said no.

What we have a situation where I traveled to the Executor's home and the conversation - without my knowledge or consent - was recorded in both video (which I saw) but also audio. It is clear that this family member has set up a comprehensive recording system in the Executor's home without even having their knowledge or consent.

Any advice (other than call the police)?

Brent

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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