[WSBAPT] Probating a will copy vs. filing intestate

[Suzanne Lieberman]

Hello again,

PC received hefty sum from decedent brother as JTWROS on some of his
stocks. Second heir is their sister. PC made reasonable effort to locate
original will but only has copy from 1993. Will gives remainder to his two
sisters before the falling out with the other sister (decedent had no kids
or spouse). Residue excluded things like stocks. Decedent's wife, whom he
had just divorced/no kids, is disinherited. PC is afraid her sister may
contest the JTWROS, which appears to be as difficult to prove as a will
contest, and sister may or may not agree to waiver of PC's appointment
(they are both in their early-90s but of sound mind). PC and kids are sure
there is no more recent will.

PC's kids may or may not be able to track down original witnesses and
attorney who drafted will. If the distributions are exactly the same with
or without a will, and disinherited beneficiary left no issue, does it come
down to a question of propriety to file a will copy versus filing intestate
if they are able to find will authenticators, e.g. wouldn't it help PC's
case to show that decedent did not intend for stocks to be split 50-50, on
top of making PC sister the JTWROS? Or does client have to file the will
copy regardless, despite added cost/time, etc.?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... *To ensure compliance with Treasury
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210615/23336073/attachment.html>