[WSBAPT] Husband and Wife signed the same will

Wed Jan 25 12:25:56 PST 2023

Thank you all for this great discussion!  As it turns out, it is indeed a very straightforward "everything to my surviving spouse, or otherwise to my children" will, and Husband's estate was never probated.  We are going to file as a dual probate of both estates since the house is still titled in both names.  I don't *think* the format of the will should cause any issues.  If it does, I'll be back to beg more advice!

Best,
Sara Longley

Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Joshua McKarcher
Sent: Wednesday, January 25, 2023 11:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Husband and Wife signed the same will

Bravo, Candace, finding and sending this case. Super helpful and reasonable analysis that really should still work. Hopefully our friend Sara has a one-marriage, same kids, no disputes situation that nets the same result as "other" options.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Wednesday, January 25, 2023 9:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Husband and Wife signed the same will

See Estate of Richardson, 11 Wn. App. 758 (1974).

It's not illegal in WA but a really terrible idea.  I have clients wanting to do one all the time, and I tell them I won't do it.

Best,

Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sara Longley
Sent: Tuesday, January 24, 2023 8:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Husband and Wife signed the same will

Thanks, that is comforting.  For what it's worth, if one reads the sections of the will that pertain to the wife's wishes only, everything is there that I would want to see.  I'm not even sure if I need to say anything about it being a joint will in my petition.

Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Philip N. Jones
Sent: Tuesday, January 24, 2023 5:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Husband and Wife signed the same will

Many, many years ago this was common practice.  Maybe in the 1950s or 1960s.  When I started practicing law in 1976, my senior partners used to talk about such wills, and the problems they caused for estate tax purposes.  I recall being told that the IRS eventually gave up on their concerns, but I don't remember much beyond that.  I have no idea what the current law is, either regarding the validity of a joint will or the tax consequences.  If you find anything, please let the rest of us know.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sara Longley
Sent: Tuesday, January 24, 2023 4:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Husband and Wife signed the same will

Listmates,

I have never seen this before.  I have a will made by a husband and wife jointly (he died some time ago, and now she has also died).  It was signed in Oregon in 1981.  I don't see anything in the current OR law that tells me whether this was legitimate or not at that time.  Anyone know?  If so, I will be forever in your debt if you have a citation to the authorizing law - doubly so if you have a sample petition.

Best,
Sara Longley

Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

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