[WSBAPT] Is it a valid Will

Fri Feb 3 09:35:15 PST 2023

Just a Head's Up about Nonintervention Powers to follow from Nick's post.

I had a Will for a woman with no spouse, only one child, child is the
Executor and the sole heir....but there are other blood line heirs
(siblings and their children). The Will did NOT include a grant of NIP, and
Commissioner Judson specifically reserved granting until such time as they
had notice. So I just drafted a consent and waiver. So I did and got them.

Strange. Petition even cited the statute.

*Brent Williams-Ruth* (pronouns: he/him)
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On Thu, Feb 2, 2023 at 5:53 PM Nick Pleasants <npleasants at ohswlaw.com>
wrote:

> That’s actually still somewhat useful. Because you have a Will nominating
> a PR. The PR can apply to admit the will without notice to heirs, and can
> get nonintervention powers without notice to heirs! RCW 11.68.011(2).
> Unless the will states that the court not grant NIP, the court shall grant
> NIP to a PR named in a Will. I think you saved yourself having a hearing on
> the issue of NIP. As long as PR can allege solvency in the petition, you
> should be fine.
>
> Bond is a different issue. Review 11.28.185 to see if you can make an
> argument to waive bond (e.g. PR is surviving spouse, sole heir, etc.). If
> not, then you’ll need waivers signed by all the heirs, or set a hearing and
> have the court determine bond amount.
>
> Best,
>
> Nick
>
>
>
> *Nicholas Pleasants | Shareholder *
>
>
>
> [image: OseranHahnAttyatLaw 8]
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> 11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Kokie Adams
> *Sent:* Thursday, February 2, 2023 5:15 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Is it a valid Will
>
>
>
> Thanks for all the quick replies.  This Will is missing any distribution
> clause (so intestacy statute applies) – not is there a paragraph with
> non-intervention powers or waiver of bond – the only thing it does contain
> is appointment of Executor.
>
>
>
> Best regards,
>
>
>
> *Kokie Adams*
>
> (pronouns she/her/hers)
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> kokie at adamslawgroupnw.com
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Reinhardt
> *Sent:* Thursday, February 2, 2023 4:33 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Is it a valid Will
>
>
>
> I also had a Will that appointed a PR but had no residue clause.   It was
> prepared by an attorney(!) We offered the Will and proceeded as a testate
> probate, but, noting the omission cited the intestacy statutes for
> distribution in the petition and order.
>
>
>
> ****When responding to this email, please reply all****
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> Best regards,
>
> *Mark*
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>
> *Mark A. Reinhardt*
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> Attorney
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Diane J. Kiepe
> *Sent:* Thursday, February 2, 2023 4:10 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Is it a valid Will
>
>
>
> The other item a Will might be good for, though defunct in some ways, is
> to have a written waiver of bond and non intervention powers.  If the Will
> doesn’t have that, you can still request no bond and non-intervention, just
> need to cite the appropriate statutes.
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
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> 717 W. Sprague Ave.
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> djkiepe at depdslaw.com
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> 509-455-5300
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Nick Pleasants
> *Sent:* Thursday, February 2, 2023 3:52 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Is it a valid Will
>
>
>
> Kokie,
>
> The short will can be valid as to what it says. I recently had a one-page
> will admitted that said something like “I appoint my sister to sell my
> house and distribute the proceeds of sale to these people…”. It had no
> residue clause so decedent would be intestate as to the residue, but the
> will is valid to appoint the executor and control disposition of the asset
> it covered. Does your will have any useful language? If not, I might file
> it with the probate court, but proceed under intestacy RCW 11.04.015
> <https://apps.leg.wa.gov/rcw/default.aspx?cite=11.04.015>.
>
>
>
> *Nicholas Pleasants | Shareholder *
>
>
>
> [image: OseranHahnAttyatLaw 8]
>
>
>
> 11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
> Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail:
> npleasants at ohswlaw.com
>
>
>
> CONFIDENTIALITY NOTE: This e-mail message contains information belonging
> to the law firm of Oseran Hahn, P.S., which may be privileged, confidential
> and/or protected from disclosure. The information is intended only for the
> use of the individual or entity named above. If you think that you have
> received this message in error, please e-mail the sender. If you are not
> the intended recipient, any dissemination, distribution or copying is
> strictly prohibited.
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Kokie Adams
> *Sent:* Thursday, February 2, 2023 3:25 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Is it a valid Will
>
>
>
> If a person creates a one page Will (from a form book) that is witnessed,
> but document fails to list to whom assets are to be distributed is it a
> valid Will?  If so, to whom are assets distributed?
>
>
>
> Best regards,
>
>
>
> *Kokie Adams*
>
> (pronouns she/her/hers)
>
>
>
> [image: Adams-Logo-Print-300dpi-900wide]
>
>
>
> 7127 - 196th Street S.W.
>
> Suite 201
>
> Lynnwood, WA  98036
>
> 425.774.0444 (phone)
>
> kokie at adamslawgroupnw.com
>
>
>
> *CONFIDENTIALITY NOTICE:** This communication is private and
> confidential. It is intended to constitute an electronic communication
> within the meaning of the Electronic Communications Privacy Act, 18 USC
> 2510. Its disclosure is strictly limited to and intended for the sole use
> of the recipient intended by the sender of this message. This message may
> contain information which is privileged or otherwise exempt from disclosure
> under applicable law. You are hereby notified that any dissemination,
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> intended addressee or its designated agent is strictly prohibited. If you
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