[WSBAPT] Will with handwritten list pursuant to RCW 11.12.260

Fri Oct 22 10:26:13 PDT 2021

I agree with Diane - I've read that statute as saying that the list, if
properly signed, and if referenced in the Will, is incorporated by
reference and is a part of the Will. I always file those valid lists along
with the original Will. If the list in this case is valid it should be
filed with the court, and a copy should be provided to all heirs, devisees,
etc. If there is a question about whether the list wasn't valid (i.e., not
signed), then there could always be in camera review...

I expect a judge/commissioner would sign your order to disclose it.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
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On Fri, Oct 22, 2021 at 10:04 AM Diane J. Kiepe <DJKiepe at depdslaw.com>
wrote:

> Dalynne,
>
>
>
> I have not made the motion but believe it would be signed.  The list is
> referred to in the Will and I always believed that meant it was part of the
> Will.  I believe the PRs actions are suspect at best.
>
>
>
> Keep us posted.
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Dalynne Singleton
> *Sent:* Friday, October 22, 2021 9:48 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Will with handwritten list pursuant to RCW 11.12.260
>
>
>
> I have a couple of Estates wherein I represent heirs.  There was a
> handwritten list attached to Will pursuant to RCW 11.12.260.
>
> The Will has been filed with no additional lists.  I have requested the
> lists be provided and so far, attorneys have refused.
>
> In one case, the list was partially read at the “will reading” but the PR
> won’t share actual list with anyone.
>
>
>
> Has anyone brought a motion based on this RCW that the list should be
> provided?
>
> My reading indicates this list is part of the Will for distribution and
> should be available to the heirs to receive property based on the list.
>
> The heirs do not believe the writing is being honored.
>
>
>
> *RCW 11.12.260 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.260>*
>
> *Separate writing may direct disposition of tangible personal property**—*
> *Requirements.*
>
> (1) A will or a trust of which the decedent is a grantor and which by its
> terms becomes irrevocable upon or before the grantor's death may refer to a
> writing that directs disposition of tangible personal property not
> otherwise specifically disposed of by the will or trust other than property
> used primarily in trade or business. Such a writing shall not be effective
> unless: (a) An unrevoked will or trust refers to the writing, (b) the
> writing is either in the handwriting of, or signed by, the testator or
> grantor, and (c) the writing describes the items and the recipients of the
> property with reasonable certainty.
>
> (2) The writing may be written or signed before or after the execution of
> the will or trust and need not have significance apart from its effect upon
> the dispositions of property made by the will or trust. A writing that
> meets the requirements of this section shall be given effect as if it
> were actually contained in the will or trust itself, except that if any
> person designated to receive property in the writing dies before the
> testator or grantor, the property shall pass as further directed in the
> writing and in the absence of any further directions, the disposition shall
> lapse and, in the case of a will, RCW *11.12.110*
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.110> shall not apply
> to such lapse.
>
> (3) The testator or grantor may make subsequent handwritten or signed
> changes to any writing. If there is an inconsistent disposition of
> tangible personal property as between writings, the most recent writing
> controls.
>
> (4) As used in this section "tangible personal property" means articles of
> personal or household use or ornament, for example, furniture, furnishings,
> automobiles, boats, airplanes, and jewelry, as well as precious metals in
> any tangible form, for example, bullion or coins. The term includes
> articles even if held for investment purposes and encompasses tangible
> property that is not real property. The term does not include mobile homes
> or intangible property, for example, money that is normal currency or
> normal legal tender, evidences of indebtedness, bank accounts or other
> monetary deposits, documents of title, or securities.
>
>
>
> *Dalynne Singleton*
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
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>
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>
> Snohomish, WA 98291
>
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>
> 360.568.8092  fax
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
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