[WSBAPT] Question about will language
Josh Grant
jgrant at accima.com
Wed May 12 12:49:40 PDT 2021
Roger, do you have the cite which says we have to list individual accounts on the “super will”?
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Candace Wilkerson
Sent: Thursday, May 06, 2021 1:11 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Question about will language
Thanks, Phil and Roger! I just wanted to make sure I was analyzing it accurately.
Best,
Candace
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson | Senior Associate | Wong Fleming
10675 Willows Road NE, Suite 250 | Redmond, WA 98052
Phone: 425.869.4040 | Fax: 425.869.4050
cwilkerson at wongfleming.com
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, May 6, 2021 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about will language
And you probably all know that any sort of ‘superwill’ changes have to identify the account specificallyl.
Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
Shoreline, WA 98155
Sultan Office: 423 Main
Sultan, WA 98294
Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com
Web site: www.hawkeslawfirm.com
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Thursday, May 6, 2021 12:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about will language
My vote is that such language was not intended to allow the PR to change beneficiaries or dispositions. In my view, if that were the intent, it would have said so very specifically.
Phil Jones
Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, May 6, 2021 12:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question about will language
Hi Listmates,
I have a question regarding interpretation of a specific paragraph in a will.
The wills I draft contain the following provision:
My Personal Representative shall have all of the powers now or hereafter conferred on my Personal Representative by Title 11, RCW and any powers enumerated elsewhere in this Will.
Then the wills I draft go on to itemize specific powers regarding real estate, etc.
However, the specific will I’m dealing with (currently being probated) contains similar language but adds another sentence:
I hereby give my said Personal Representative full power and authority over my said property as I might possess or exercise if living.
I am trying to wrap my head around the ramifications of that additional sentence. I am assuming this just gives the PR the right to manage and sell the estate property as the Decedent would while alive, *not* the power to change the beneficiaries or distributions of that property. The testator made it clear in the will who was to receive the estate. But because I think this sentence may become an issue in the case, I just want to ask if I am missing something.
Thanks,
Candace Wilkerson
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson | Senior Associate | Wong Fleming
10675 Willows Road NE, Suite 250 | Redmond, WA 98052
Phone: 425.869.4040 | Fax: 425.869.4050
cwilkerson at wongfleming.com
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.
IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED
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