[WSBAPT] Will contest

Thu May 27 08:35:31 PDT 2021

Thanks, Charles.  There is recent case law on this topic.  I think it depends on the allegations.  Main advice is study carefully the case law.

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<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Charles Isely
Sent: Thursday, May 27, 2021 8:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will contest

Greetings, All:

I have attached a recent ruling from Clark County Superior Court (all identifiers redacted).  The Court granted my motion to dismiss.  The Will contestant has now appealed.

The Court accepted my argument that a Will Contest must be filed as a separate TEDRA proceeding; that a Will Contest is initiated by filing a new action/petition; and that you have to give notice as required by TEDRA (TEDRA Summons, Petition, etc.).

The requirement for a citation is no longer in the statute.

There is back and forth on this email string as to whether you need to initiate a Will Challenge by separate TEDRA proceeding.  I am confident you do.

However, I offer a practical suggestion.  Let's assume, merely for the sake of argument, there is a debate about whether you need to initiate a separate TEDRA action.  However, what is the harm in filing a will contest as a separate TEDRA action?  There is no way such an action would be subject to dismissal.  At worst, your client would pay a $240.00 filing fee; and incur the costs of service of process.  These costs are trivial compared to your malpractice deductible, not to mention all the time you will spend arguing.

Sincerely,
Charles

Charles A. Isely, Attorney at Law, P.C.
205 East 11th St., Suite 102
PO Box 61983
Vancouver, WA  98666-1983
360-993-1200 (office)
360-567-0165 (fax)

Licensed in Washington and Oregon

Confidentiality: This email is confidential and protected by the attorney client privilege, work product doctrine, or other nondisclosure protection.  If you believe you received this email in error, please inform me; and then delete all copies of the email from your inbox, sent folder and deleted folder without disclosing, printing, copying or storing the communication.  Thank you.

Charles A. Isely Attorney at Law, P.C. does not agree to accept service of Washington or Oregon state court pleadings by e-mail or fax, unless Charles A. Isely provides written consent with respect to a specific pleading.

________________________________
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 Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Sent: Thursday, May 27, 2021 6:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Will contest

There is a requirement for a citation as well.    Make sure you research the will contest statute and caselaw as it is tricky.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

dalynne at glgmail.com<mailto:dalynne at glgmail.com>

Website:  www.glglawgroup.com<http://www.glglawgroup.com/>

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

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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 Roger Hawkes
Sent: Wednesday, May 26, 2021 4:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Will contest

I believe a tedra petition has to be filed as a separate lawsuit, not within the probate; if it truly is a simple will contest, e.g. that is not signed by testator, or similar, that contest can be and should be within the probate action and must be brought within four months of notice of probate.

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<mailto:roger at law-hawks.com>

Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>

[cid:image001.jpg at 01D752D3.4081E270]

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 Dalynne Singleton
Sent: Wednesday, May 26, 2021 4:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Will contest

A will contest is not a TEDRA petition.  There is a case holding this specifically.  You must file as a Will contest petition separately.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

dalynne at glgmail.com<mailto:dalynne at glgmail.com>

Website:  www.glglawgroup.com<http://www.glglawgroup.com/>

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

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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 Shannon Jones
Sent: Wednesday, May 26, 2021 4:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] will contest

Listmates, Does a will contest have to be commenced as a new action under RCW 11.96A.090, or is it sufficient to issue a TEDRA summons and petition under the existing probate cause number? Shannon

[cid:image005.png at 01D752D3.4081E270]

Shannon R. Jones | Attorney

Campbell Barnett PLLC

P: 253.848.3513| F: 253.845.4941

317 South Meridian

Puyallup, WA 98371

shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>

campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please delete and notify the sender immediately.

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