[WSBAPT] Application of the Dead Mans Statute

[jbdolan at jbdolan.com]

Mike:

 

I have had similar facts in a couple of cases over the years.  The ruling
was that the witness cannot testify as to what the decedent said (hearsay)
if that testimony benefits the witness.  Witness cannot testify that "mom
said that she wanted me to get the money."  However, if there are other
witnesses who can testify and who do not benefit from the testimony, or if
there is other evidence of intent, that would probably be admitted.

 

Others may have had different experiences.

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

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

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

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of michael westseattleattorney.com
Sent: Tuesday, November 15, 2022 11:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Application of the Dead Mans Statute

 

Recently deceased had remarried his former wife earlier this year. His prior
Will and Codicil were prepared/signed while they were previously married and
not updated after the divorce.  So as to his wife, the divorce essentially
removed her name from the Will and their recent marriage makes her an
intermittent wife and she therefore takes as if he died intestate, correct?


I believe that the statute says that the Court can decrease this award
depending on if she received monies from decedent through other means.    

The H&W had stayed close since the divorce and while she had her own home
inherited from her parents, she had a room at decedent's home and stayed
there as well these several years after the divorce. 

 

Question: The decedent's issue are making allegations that the decedent was
dying and that the current marriage was only so she could receive his SS and
she should not get anything else. 

So trying to understand the extent of this type of testimony. Can the issue
testify as to what they allege was the decedent's intent ? 

Thanks 

Mike 

 



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221115/25eef1f1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 57245 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221115/25eef1f1/image001.png>