[WSBAPT] copy of Will w co-PRs

[Diane J. Kiepe]

A quick note before I head out.  I would not record a copy of the Will – the statute for filing only says “original”.  A copy could enter a can of worms – it may have been trumped.  Tell the person calling to speak to the Decedent’s EP attorney.


Diane J. Kiepe
Douglas Eden, P.S.
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Spokane, WA  99201
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Thursday, October 19, 2023 4:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] copy of Will w co-PRs

My gut reaction - given the facts you have stated - is to ask what court they would like the original document filed with and deliver it there as a Will Only filing.

Technically you have the statute that says you have 30 days to give the Will to the named PR since you are the present custodian....but since there are TWO I guess I would give it to the one who asked, after making a copy, that you could then attest to its original state should that original disappear between the time it is given to you and the time probate is opened..

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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On Thu, Oct 19, 2023 at 4:09 PM Shannon Jones <shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>> wrote:
A client of mine just passed away. I have a copy of a Will client signed earlier this year. I did not draft this Will. Client gave it to me related to other issues I was advised him about. I have none of client’s original estate planning. Will names co-PRs. I have reason to believe the co-PRs are not on good terms. One of them has contacted me demanding I provide “all of the client’s files” to them. Of course I will not do that, but are they entitled to a copy of this Will because it does name them as one of the co-PRs? Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
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Office: 253.848.3513| Fax: 253.845.4941
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shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
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