[WSBAPT] How to remedy a lost will

[Anna Van Pelt]

Thanks Dalynne. I would appreciate seeing what you use. I'm blown away by the generosity of this group.

Van Pelt Law
(206) 635-7250
www.vanpeltlegal.com<http://www.vanpeltlegal.com/>
Pronouns: She/Her

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, August 27, 2024 3:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] How to remedy a lost will

Ann, I have done this several times and have generated great set of samples to use whenever I have a lost Will.
If you want to email me directly with your email, I will respond with what I have used and works every time so far.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>   Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Cora cora at glgmail.com<mailto:cora at glgmail.com>, or part time paralegal Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Attorney Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> and kristin at glgmail.com<mailto:kristin at glgmail.com>).
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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 Anna Van Pelt
Sent: Tuesday, August 27, 2024 1:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] How to remedy a lost will

I have my first probate involving a lost original will. All we have is the "client's copy," which unfortunately does not have actual signatures but rather "s/[NAME]" for each signature. One of the signing witnesses has passed away, but I have located the other witness. Preparing attorney is also deceased, and the attorney who took over his files does not have the original. Prior to passing, decedent showed his step-son the client's copy of his will and told him probate would be easy (ha!) because he left everything to his step-son.

I don't think proceeding intestate works because the decedent named his step-son as the sole heir, but does have a surviving brother (who would inherit under RCW 11.04.015). The brother supports naming the step-son as PR and for the step-son to inherit everything. The brother will sign a waiver of notice and anything else that supports the step-son being able to inherit. Alternatively, if brother disclaimed his interest, could step-son inherit under RCW 11.04.095? Has anyone had success with this argument?

Back to the client's copy of the will -- has anyone had success getting a "client's copy" admitted in place of a lost will? If someone is willing to share their petition, order, and any supporting documents, I would deeply appreciate it.

Jx is King County.

Thanks,
Anna

Van Pelt Law
(206) 635-7250
www.vanpeltlegal.com<http://www.vanpeltlegal.com/>
Pronouns: She/Her

CONFIDENTIALITY NOTICE:
This communication (including any attachments) is confidential and may contain legally privileged information. If you are not the intended recipient or believe that you may have received this communication in error, please delete this communication from your computer and do not retransmit, copy, print or otherwise disseminate this communication.
ATTORNEY-CLIENT RELATIONSHIP:
This e-mail does not in any way intend to provide legal advice to be relied upon by any recipient and does not create any duty or obligation for legal representation on behalf of the sender Van Pelt Law & Mediation PLLC on behalf of the recipient of this e-mail without a written engagement agreement.

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