[WSBAPT] WSBA List Serve Query

[Terry Gobel]

Hi Everyone - I represent the surviving 84 year-old widow in a current probate case objecting to her step-daughter's petition to commence probate brought 16 years after Decedent passed away. Petitioner alleges a previously unknown Last Will & Testament apparently executed in town over two hours away. There is a letter purporting to admit that the Decedent admitted his wife didn't know about the Will's existence and the original was apparently kept in a safe deposit box which has never been located. The original is claimed to have been lost. The petitioning step-daughter filed two lis pendens notices on the widow's real properties at the time she filed the petition to have herself appointed as PR. The copy of the purportedly lost Will runs contrary to a valid Community Property Agreement, which was recorded back in 2010. The CPA states that any surviving spouse will take title to all of the community property "in fee simple" on death of the first spouse. The record is full of proof that wife knew nothing of this newly appearing lost Will copy. Most important, there is no evidence she ever acted inconsistent with the CPA, nor knew of her late husband doing anything inconsistent with their CPA.

This action by petition comes 16 years after Decedent's passing. I represent the widow, who filed a motion objecting to the bogus Will, asking the Court to recognize the CPA, deny the petition to commence probate cancel the lis pendens notices, which blocked sale of one of widow's real properties which was about to close. There was a hearing set on my motion for tomorrow. However, earlier this afternoon, I got notice from the JA that our Judge unilaterally struck our hearing for tomorrow (which was properly noted and on the docket), denied the widow's request for relief and granted the daughter's petition without any statement regarding why she did this without allowing a record to be made at hearing. I briefed the heck out of this case in the widow's pleadings and her affidavits fully document her case and contravene petitioner step-daughter's case.

I need a referral for a skilled appellate attorney with experience in probate and real estate to engage for setting the widow's case up for an appeal. I need the referral, so we can move quickly to have appellate counsel engaged and determine whether a motion for reconsideration should be filed in 10 days and/or filing the  notice of appeal in 30 days. In addition to the appellate attorney referral, any other ideas and recommendations would be appreciated.
Very truly yours,
Terry D. Gobel, J.D.
Gobel Law Office, PLLC
421 W. Riverside Avenue, Suite 908
Spokane, Washington 99201
(509) 624-4102
          624-4115 (fax)
www.attorneyinspokane.com<http://www.attorneyinspokane.com>

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260716/cb2a8364/attachment.html>