[WSBAPT] Lost Will

[Eric Nelsen]

That is a terrible circumstance but I don't think it changes the situation. The VAPO doesn't prohibit the protected party from contacting the restrained party. And I believe that communications of legal notices by lawyers representing the individuals are automatically exempt?

Unless the prenup has a clause that expressly waives notice of probate proceedings, and/or waives all statutory rights of a surviving spouse, in the event a spouse dies?

I don't know the circumstances of the VAPO, but if there is a possibility of the surviving spouse inheriting something, consider whether the slayer and financial abuser statutes might diminish the spouse's share. Ch. 11.84 RCW.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Tuesday, February 1, 2022 10:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lost Will

Thanks, Eric for your always sound advice. Would it matter if the SS is subject to a VAPO order restraining him from contacting the decent and her family members as well as the business owned by decedent?

Regards, Tom

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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 Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
Sent: Tuesday, February 1, 2022 9:56:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Lost Will


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>



Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.



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 Tom Westbrook
Sent: Tuesday, February 1, 2022 9:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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



<<...>>

324 West Bay Drive NW, Suite 201

Olympia, WA 98502

(360) 866-4000 phone

(360) 866--3832 fax

www.buddbaylaw.com<http://www.buddbaylaw.com/>

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Our firm continues to follow guidance from the CDC and Governor Inslee's office regarding social distancing and the wearing of face coverings, and we encourage the public and our clients to do the same.  Our staff is still working remotely much of the time so electronic communication by phone and email continues to be encouraged.  We appreciate your patience and understanding.


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