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

Tue Jan 3 16:13:43 PST 2023

You call it an "estate home."  Does this mean that probate is still open?  Is the estate presented as testate or intestate?  Was the tenant given notice of the opening of the probate and now four months have passe?

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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
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