[WSBAPT] Another Will witness affidavit scenario

Tue Mar 16 14:29:32 PDT 2021

My client would be the Personal Representative, and I advise them all (and reflect writing, specifically the TEDRA agreement if one is prepared) the right and opportunity to seek outside counsel.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Tuesday, March 16, 2021 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Another Will witness affidavit scenario

Who do you represent in seeking admission to probate of the ‘will’ or tedra agreement? Is there any real or potential conflict?

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 Heather de Vrieze
Sent: Tuesday, March 16, 2021 12:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Another Will witness affidavit scenario

I think if you have signed petition by all the kids (or at least consents) asking for the Will (with edits) to be admitted to probate, and the designated sibling to be appointed as Personal Representative, the Court will likely do so.

Alternatively, don’t seek admission of the Will to probate, but appointment of the Personal Representative, and get a TEDRA agreement amongst the kids to follow what the unprovable Will says. Make sure to disclose the existence of the “will” when you petition for appointment of Admin of intestate estate.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D71A70.C65AFCB0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm’s website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Margaret Delp
Sent: Tuesday, March 16, 2021 12:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Another Will witness affidavit scenario

Hi Steve:
I thought about the subpoena conversation also. The family really wants to keep things as simple and quick as possible.  I do think it’s a valid Will, I just can’t prove it.  Do you think the Court would admit the  Will with an explanation of the facts and agreement by all the beneficiaries?
-Margaret

From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Stephen Brandli <steve at brandlilaw.com<mailto:steve at brandlilaw.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Tuesday, March 16, 2021 at 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Another Will witness affidavit scenario

Can a petitioner ask for him/her (or someone else) to be appointed the administrator of an estate when there is a valid will?

I wonder what would happen if you threatened to subpoena the bank employees for testimony?

                Steve

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 Margaret Delp
Sent: Tuesday, March 16, 2021 11:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Another Will witness affidavit scenario

Hello everyone: I have an estate in which a “do-it-yourself” Will was signed in 2016 by the Testator and two witnesses. The Will is partially typed and partially handwritten and no page numbering.  The Will does not have a witness affidavit. One month prior to death in 2021, the testator crossed out the name of the first named  Personal Representative and references to property he no longer owned and he initialed and dated the corner of each page (aside – these changes are all inconsequential to distribution). We have located the witnesses who are employees of a bank. The bank’s compliance department has advised them not to sign an affidavit because of the handwritten redactions and initialing added after the original signing. I have asked if they could attest to the Will as written without the redactions and have not yet heard back.

The four beneficiaries of the Will are the same as the heirs at law (decedent’s four children).  The only wrinkle is that the Will includes an equalization provision reducing one beneficiary’s share of the estate. The beneficiary/heirs will agree to proceed in whatever way I recommend.  I believe they would agree to admit the Will as written, or proceed with intestacy without the equalization provision, or proceed with intestacy proceeding but implement equalization provision through a TEDRA agreement.

Should I proceed with an intestacy petition because even though the witnesses signed the Will, they now are refusing to sign an affidavit so I cannot prove the Will is valid? Would a court admit the Will with the agreement of heirs/beneficiaries and the administrator’s explanation of the reason that the witnesses refused to sign an affidavit?  If I proceed with intestacy petition, should I file the purported Will and all the facts?

I appreciate your thoughts.
Thanks,
Margaret

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