[WSBAPT] Will with handwritten list pursuant to RCW 11.12.260

Fri Oct 22 11:20:54 PDT 2021

I agree. The list should have been disclosed and the heirs are entitled to
a copy. How else could they contest or determine its validity or enforce
it? I would consider a letter or email to warn the PR/PR's attorney that if
it's not turned over within a specific amount of days, you plan to file a
motion and would ask for attorney's fees to be payable directly by PR. I
would also summarize your prior attempts to get the list in the same
email/letter. I would use this email as part of your declaration if you end
up having to file a motion.

I don't think a judge/commissioner would deny an order to turn over the
list as it is part of the will.

Good luck and let us know how it goes!

Setareh

On Fri, Oct 22, 2021 at 10:30 AM Sarah McCarthy <sarah at kawlawyers.com>
wrote:

> 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
> P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236
>
> (Located on Whidbey Island, Island County, Washington)
> Phone: (360) 341-1515 | Fax: (360) 341-3272
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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*
>>
>> *The Exchange Connection*
>>
>> 1002 10th Street / PO Box 1091
>>
>> Snohomish, WA 98291
>>
>> 360.568.5065
>>
>> 360.568.8092  fax
>>
>> *dalynne at glgmail.com <dalynne at glgmail.com>*
>>
>> *Website:  www.glglawgroup.com <http://www.glglawgroup.com/>*
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-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

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