[WSBARP] Will with no devise

[Josh Grant]

Law Offices of KIf a will fails to distribute anything, then the statutory inheritance seems to be the only answer.  Malpractice against the first attorney?

From: K. Garl Long 
Sent: Thursday, June 15, 2017 8:41 AM
To: WSBA RPPT Real Property Discussion Forum 
Subject: [WSBARP] Will with no devise

Deceased intended to leave two farms to a married couple that had befriended him, and taken care of him, for years. A letter to the decedent from his first attorney refers to the devise, and asks if he has an alternative in case the couple does not survive him. Several people had heard the decedent state that he wanted all of his property to go to the married couple.

Years later is was discovered that the will produced by the first attorney, and actually signed and witnessed, stated no gift was to be made to any relative, but did not include the devise to the married couple, and lacked a residual clause. 


Upon discovery of the defects a second attorney was instructed to fix the first defective will so that all property would pass to the married couple. However, death came before the new will was signed.


The first will, naming the married couple as PR, but lacking specific bequests or a residual clause, was admitted into probate. Distant (and disliked) relatives have appeared claiming a statutory right to inherit.

Any way to carry out the intent of the decedent?

Garl Long

-- 

Law Offices of K. Garl Long - Mount Vernon, Washington - (360) 336-3322

This message is for the exclusive use of the intended recipient(s). It may contain information that is privileged, confidential or exempt from disclosure under applicable law. If you have received this message in error, please notify the sender and delete all copies of the original message. Any retention, reproduction, use, or retransmission of this message, other than by the intended recipient(s), is prohibited.



--------------------------------------------------------------------------------
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170615/4db389b8/attachment.html>