[WSBAPT] Brother Hiding Surviving Spouse - Looking for Ideas

[Brent Williams-Ruth]

Greetings List -

Strange situation and could use thoughts from the brain trust.

Decedent dies. Leaves behind a surviving spouse that suffers a severe
medical condition that renders him unable to serve as Executor with a long
road to recovery.  Sister of Decedent is named as successor PR. Get a
Declaration from the attending physician regarding surviving spouse's
condition and probate is opened.

Notices are sent - but the brother of the surviving spouse takes issue with
the fact that the physician signed the declaration (even though 100% of
everything is being transferred into his name). Removes the surviving
spouse from one rehab facility to be discharged back to home, without any
care arranged.  Surviving Spouse falls and suffers set-back and is taken
away by ambulance.

My executor attempts to reach out to surviving spouse's brother (who is
acting as medical surrogate without an actual POA - we believe) but
allegedly makes rude allegations against the PR and hangs up.

I attempt to intervene with just an introductory letter seeking a chance to
talk with him to explain what is going on.  There has been no response.

The PR is feeling trapped. She has put forward her own money for the
initial expenses (cremation, probate, etc.) and we are now getting creditor
claims but she has no access to any funds as they were all TOD to the
Surviving Spouse and the bank has locked the PR out of any access.

Suggestions on how to motivate the brother of surviving spouse to talk with
us? Tried the benign/get more with sugar approach. Wondering if our next
letter should discuss that we believe that surviving spouse may be at risk
for referral to DSHS APS report?

What I know - from the PR is that the Surviving Spouse would absolutely
qualify as a vulnerable adult.  That he was discharged out of the rehab
center with no care plan in place. That the person who knows where he is
and how he is doing refuses to communicate.

This should have been one of the most simple probates and it has become
contentious.

Side note - the Decedent and her spouse did Wills together - they BOTH
named her sister as the successor PR, so it isn't like she wasn't trusted
by the surviving spouse.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
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