[WSBAPT] Lost Will

[Eric Nelsen]

I vote yes. RCW 11.20.070 only says notice to “all persons interested” but I think as a due process matter it’s much better for the client to give notice to the spouse; spouse needs the opportunity to exercise whatever rights they may have that aren’t waived by the prenup. This gets the issues out into the open where they can be dealt with.

Also, I have learned the hard way in a couple of probates that it doesn’t matter that a dissolution action has been filed—the action terminates immediately on death of a party and if the Decree of Dissolution wasn’t entered before death, then they’re still married and the survivor is still surviving spouse. Unless the prenup waives all statutory rights as surviving spouse, they can still petition to administer community property, are entitled to notice of any other surviving spouse, etc.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Tuesday, February 1, 2022 9:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lost Will


Is it necessary to give notice to surviving spouse about taking proof for a lost Will when the surviving spouse is not named in the Will and there is a PreNup that clearly states the SS does not take under the Will that was executed prior to the marriage? Also, the decedent had started a dissolution of marriage prior to death.

Sincerely,

Tom



Thomas J. Westbrook

Attorney at Law



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