[WSBAPT] Application of the Dead Mans Statute

[michael westseattleattorney.com]

Thanks Jim - that makes it easy . Mike

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of jbdolan at jbdolan.com <jbdolan at jbdolan.com>
Sent: Tuesday, November 15, 2022 11:56 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Application of the Dead Mans Statute


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

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

www.jonesbutlerdolan.com<http://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



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