[WSBAPT] opened intestate probate then found will and defunct RLT

[Chandra Lewnau]

After appointing Decedent's son as PR in an intestate administration, the
Decedent's 1999 Will and RLT was found at a Texas attorney's office. The
Texas Will names the wife and another person no one can track down as PR.
(Widow and the other child had already declined to serve as PR.) The Will
leaves 20k to a friend if the wife does not survive (she did), the house he
is living in at his death to the wife, and everything else to a
revocable living trust. The RLT was either never funded or was defunded
over the years and no one has thought about it in over a decade. The RLT
contains A/B/C subtrusts on death of first settlor and was probably the
latest in estate tax and GST planning way back then. Surviving settlor has
a special power of appointment over all 3 trusts to appoint among the
Settlors' descendents. The RLT also provides for subtrusts for children and
grandchildren with staged withdrawal rights at different ages.

PR and the other family members would like to pretend the Will doesn't
exist and just distribute the property according to intestate succession
(all to wife). I've told them I can't pretend it doesn't exist, but given
their attitude, what is the absolute minimum I need to do?

Get a waiver from #2 PR if he is alive
Present the Will to the court and petition for letters of administration
with the will annexed.
Obtain a NJDRA from all the parties to the Will agreeing to ignore it and
distribute directly to the Widow. Parties to include wife and children with
children acting on behalf of grandchildren.

Is there a simpler way to do this or is there anything I haven't thought of
yet that has to be done?


-- 

-- 

*Chandra M. Lewnau*  *|*  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  *|*  Edmonds, WA 98020

*Tel* 425.670.1560  *|*  *Fax* 425.361.1512  *|* http://www.wallgrouplaw.com


THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com
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