[WSBAPT] Old Probate

Tue Sep 12 16:23:23 PDT 2023

I know of no case law, but I have advised my clients that a challenge against a fiduciary is not a challenge to the underlying document.  I have a hearing next month to that effect.  WA does not like no contest clauses and I think it would be a stretch for a court to call a question of actions a Contest.

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, September 12, 2023 2:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Old Probate

Is there case law to this effect?  I have a client who suspects the actions of her brother's actions as PR of their mother's estate but is afraid to raise the issue because she doesn't want to challenge the Will.  I advised there is s difference between challenging the Will and the provisions of the Will and challenging the malfeasance of a PR.

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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 Mark Anderson
Sent: Tuesday, September 12, 2023 1:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Old Probate

I would also try to put to rest the "if you object, you only get $1" issue.  It sounds like Kid B is relying on an in terrorem clause in the will.  So I would want to see the will to see how it reads and what "objections" could be the subject of such a clause.  I suspect it reads that if you contest the contents of the will, you only get $1, not if you contest the actions of the PR you only get $1.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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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 Amy Goertz
Sent: 09/12/2023 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Old Probate

Yes, it is a mess.

Yes, client received all of his wife property upon her death.

Client states that his wife's sister, who was the PR of the mother-in-law's estate, has lied and strung everyone along saying she was going to sell it for all these years and threatened everyone with the "if you object you only get $1"

I can't explain their tolerance of this for ten years but apparently his patience has now run its course and he would like to see what can be done.

Any thoughts on how to get the house sold?

Amy

On Sep 12, 2023, at 10:20 AM, Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>> wrote:

Hi Amy,

This is a mess.

I am assuming your PC received 100% of his wife's separate property (inheritance) by way of her will?  And why did he wait 10 years after the death of his wife to try to claim property she should have inherited?

Best,
Candace Wilkerson

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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 Amy Goertz
Sent: Tuesday, September 12, 2023 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Old Probate

Good morning, Listers -

I have a situation on which I could use some input:

I got a call from a potential client. His mother-in-law died in 2008. She had three children, Kid A (Client''s wife), Kid B, and Kid C. Kid B was handling the estate with the assistance of an attorney.

The probate was started in 2008. Mother-in-law's Will calls for property to be sold and divided among the three kids evenly.

Years went by and PR Kid Bl told Client's wife that if she objected/complained, she would only get $1 so she did not complain or demand her share of the estate.

In 2011 the clerk's office sent a Notice that they were going to close the probate file due to lack of activity. PR's attorney filed a Declaration of Completion.

Client's wife died in 2013. To client''s recollection, she never received Notice about the probate nor any share of the estate.

Kid C died in 2022. Kid Bl handled this probate as well and apparently took all the stuff, but she had Kid C's son sign a receipt of distributive share so I guess that ship has sailed.

Mother-in-lawl's house is still sitting vacant after all these years, still in her name.

Client wants his wife's one-third share of the house.

What would be the best course of action? Re-open the probate and appoint Don as PR?

I imagine Kid B would not be too happy about this but oddly, to client's knowledge the house is just vacant - not rented out or lived in at all.

I would appreciate any suggestions you might have.

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
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