[WSBAPT] Lost Will

[Kerry Richards]

Dear Tom:
In addition to Eric and Sarah's salient comments, I would add that execution of a Prenuptial Agreement is not necessarily the answer to the issues raised. Challenges to such agreements happen all the time in multiple venues. Whether it be in a dissolution proceeding or a probate, an opportunity is always presented to challenge the provisions of the agreement. A surviving spouse may not, but they have the opportunity. Not giving them notice of the proceedings will unnecessarily insert you and your PR into the fray. You, as the lawyer handling the probate may not know the negotiations, if there were any, in the lead up to execution of the agreement. The Friedlander  issues are going to be raised, like it or not.
Yours truly,

Kerry A. Richards, Attorney
[cid:image001.png at 01D81760.4CB9E4A0]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Tuesday, February 01, 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

Sent from my Verizon, Samsung Galaxy smartphone
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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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