[WSBAPT] Very Old Will never presented to Court - when does it become "stale"?

Diane J. Kiepe DJKiepe at depdslaw.com
Tue Jan 3 15:45:44 PST 2023


Fishy indeed!  I'm no help but hope to hear how it goes -

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, January 3, 2023 3:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Very Old Will never presented to Court - when does it become "stale"?

I remember reading caselaw recently that indicated a Will brought forward after so many years is "stale" and invalid.  I can't help but think about Professor Holdych - so is 2 years too late; what about 3 years, is that too late but 2 years 11 months is ok?

I have a client who wants to evict an old acquaintance of his mother's from the estate home and sell it.  This person has lived there for years and never paid a dime but client felt sorry for him for awhile, kept giving him many, many chances to move and find another place.  Long story short, when my client brought eviction proceedings, all of a sudden this person now presents a Will that says friend gets entire estate and home.  It is very fishy indeed.

Anyone remember this case?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or dominika at glgmail.com<mailto:dominika at glgmail.com>.

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