[WSBAPT] Attorney won't give up original will

[Bruce Moen]

Hi Kristina,

Since the beneficiaries are the same with or without the Will, then no real problem.

I suggest starting an intestate administration and attach a copy of the Will and the correspondence to Oregon counsel as exhibits to the Petition.  Recite in the Petition that you contacted the lawyer, sought the Will and did not receive. Advise in the Petition that you will offer the original Will into probate if and when it is received. Until then, you are proceeding as intestate.

Have the heirs sign a consent, if possible, as to the appointment of the nominated PR.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kristina Driessen
Sent: Tuesday, November 2, 2021 5:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney won't give up original will


Good Afternoon-

I have a situation where original wills [husband and wife] were drafted and retained by an Oregon attorney. Both decedents lived in WA upon their death. I have contacted the attorney who represented that he thought he may have the originals. The envelopes with the copies also state that the originals were retained by his office. He requested a letter of representation from me and death certificates. I asked him if my client could bring the letter and death certificate to is office in exchange for the Wills, as he would be in Oregon the following week. He refused.

I wrote the letter and sent the death certificates and provided a postage prepaid envelope for their return several weeks ago. Attorney now won't return my calls and have not send the originals. I also attempted to call today and it appears that the phone may be disconnected. My thoughts are perhaps he no longer has them as they were drafted in the 80s.

The beneficiaries are the same with or without the will; the decedents 2 children.

So my question is do I attempt to admit copies and hope that the Oregon attorney will sign an affidavit confirming them as originals or do I just start an intestate probate? If I do an intestate probate, should I show the court the copies and explain what has occurred?

I don't want to misrepresent to the court, but I also don't want to make this harder than it has to be.


Kristina A. Driessen
"A" Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>

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