[WSBAPT] How to remedy a lost will

[Joshua McKarcher]

Depending on values involved, brother could inherit via intestacy and simply gift entire estate to step son. A gift tax return may not be a big deal, and - who knows? - maybe the tax agencies will feel better knowing intestate heir brother was NOT trying to avoid the inheritance. And if he has kids (who are virtually represented in an agreement, etc., I do realize), the paper trail is pretty unbeatable. But this could be a nightmare if the assets are not easily susceptible of valuation/appraisal, etc.

Good luck!

From: wsbapt-bounces at lists.wsbarppt.com <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>
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
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