[WSBAPT] Statute of Limitation to Challenge Decedent's Estate Plan

[Eric Nelsen]

I'm not sure what the cause of action is here, which would determine the S/L. What is the duty owed to the plaintiff, when was the breach, when did the damage accrue?

Is the claim that surviving spouse had undue influence over decedent and prevented decedent from changing their existing will? I'm not sure that works. If the will was validly executed and expressed the decedent's intent at the time of execution, then it controls; by definition, it's the last will and testament. Later changes in intent that didn't result in a new will are not enforceable, unless, say, decedent made a promise to plaintiff to make a new will, supported by consideration, that might result in a constructive trust. But that doesn't sound like your facts?

Did surviving spouse control/isolate the decedent such that they couldn't contact an attorney or otherwise obtain the means to change their will? That sounds like possibly a claim of financial exploitation of a vulnerable adult? (But boy, the proof issues would be formidable.)

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 Jeff at bellanddavispllc.com
Sent: Thursday, March 24, 2022 1:59 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Statute of Limitation to Challenge Decedent's Estate Plan

Listmates:

Decedent died almost three years ago.  Probate started in July, 2019.  Decedent's children want to challenge decedent's estate plan, not decedent's will, claiming surviving spouse interfered in decedent's planned change to decedent's estate plan.  What statute of limitation applies?  TEDRA has a three year SOL under RCW 11.96A.070, but that is for limited issues not present here.  Does the two year "catch all" under RCW 4,16.130 apply?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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