[WSBAPT] sol on intestate

[Bruce Moen]

Good question.  I have not had that event yet.  Several newly discovered Wills in my practice and one right on the eve of distribution.

Could you reopen the old probate administration and claw back the assets?  Messy.

Could the devisees under the new Will sue the former PR and/ or lawyer if they were negligent in not locating the newly discovered Will?  Or sue the possessor of the newly discovered Will if that person had knowledge of the death and did not come forward?

I don’t know.

I’d have to think further, but not today.

  Bruce



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, June 21, 2023 10:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] sol on intestate

And what would be the outcome if the intestate probate had been completed prior to discovery of the will?

Mark B. Anderson
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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 Bruce Moen
Sent: 06/21/2023 10:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] sol on intestate

Hi Roger,

Heather is correct.  Doesn’t matter if testate or intestate, a newly discovered Will is not a contest within 11.24.

Upsetting and disruptive maybe if a totally different estate plan and partial distributions have been made under the earlier Will.  But that’s just life in Probateland.

In Re Campbell's Estate, 46 Wn.2d 292, 280 P.2d 686 (1955) regarding the admission of a later Will

  Bruce Moen


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 Roger Hawkes
Sent: Wednesday, June 21, 2023 9:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] sol on intestate

Sounds right, but weird😊

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 Heather de Vrieze
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Subject: Re: [WSBAPT] sol on intestate

My understanding is that presentation of a “discovered” will can happen anytime before a probate is completed and closed, that there is no sol.

Heather

Heather S. de Vrieze
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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 Roger Hawkes
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Subject: [WSBAPT] sol on intestate

Is there a time limit for contesting an intestate probate?  Assume a lost will, children commence probate as intestate, PR appointed and work partly done,  or completed, then a child finds what appears to be a valid will; what then?

Roger Hawkes, WSBA # 5173
Sky Valley Lawyers, PLLC
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Mailing Address:   Box 351
Both in Sultan, WA 98294
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