[WSBAPT] Child not named in the will

[Kristina Driessen]

Not quite 30 days yet, but we are close. I had not thought of that, thank you!

Kristina

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, September 5, 2025 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Child not named in the will

I like the plan. If more than 30 days has passed since the beneficiary and niece learned of decedent's death, then they're likely in violation of the duty to file the supposed will with the court per RCW 11.20.010<https://app.leg.wa.gov/RCW/default.aspx?cite=11.20.010>. You could add into the intestacy petition that those people claim there is a will but have refused to provide it or file it with the court, and request award of attorney fees and costs against them if they show up with it now and the probate has to be converted to testate and a new PR appointed.

If you're willing to take the extra time, you could tee up the fee award even better by sending them a letter citing the statute. Give them a short deadline by which to file it and warn them that you'll seek attorney fees and costs if you open probate without the will and they file it later.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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 Kristina Driessen
Sent: Friday, September 5, 2025 11:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Child not named in the will

I have a situation where there was potentially a will executed in 2011. The will states the decedent has no children.  He in fact has a son, who was born before the will.  The son has been very active in the decedent's life since birth.

The will has a provision about pretermitted heirs. This section states " if any person, other than those set forth above shall become children of mine or descendants thereof..." goes on to give a minimal dollar amount.

It references to persons named above, but no one was named above, other than to say he had no children.

The person named in the will to receive is being investigated for negligent homicide. The contingent person is named as a niece but is not his niece. These two persons are not willing to speak and in fact have pretty much barricaded themselves in the home. They also have the only copy/original of the alleged will and won't provide it.

I am inclined to start an intestate probate with notice to them and let this all pay out. But I wanted to see if anyone has any insight they can share with me.


Kristina A. Driessen
A Street Legal Services, Inc. P.S.
16 A Street, SE, Auburn, WA 98002
(253) 939-0811

ATTORNEY-CLIENT COMMUNICATION:  This email message and any attachments may contain confidential information and be privileged by law.  If you receive this email in error, please notify my office immediately and delete it from your inbox and files. Unintended recipients are not authorized to retain, distribute, copy or disclose any information contained herein. Thank you.




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250907/e9edc637/attachment.html>