[WSBARP] probating a lost will

Tue May 29 13:22:33 PDT 2018

In re Estate of Johnson, 34315-4-III.  Available on Casemaker.

John M. Riley III
Attorney | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Tuesday, May 29, 2018 12:04 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] probating a lost will

John:
What is the citation?

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Tuesday, May 29, 2018 11:43 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] probating a lost will

Division III had a recent unpublished opinion on lost will that is very interesting.  Case involved a copy of the fully executed will with full attestation documents,  original lost,  and some supporting handwriting testimony and it was accepted by the court as the last will and testament.  Good update of Black case  and curious distinguishment of the old Irish case.

John Riley

John M. Riley III
Attorney | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.witherspoonkelley.com%2Fjohn-riley-1&data=02%7C01%7C%7C8109bbb823014066367108d5c59553e7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636632167500697620&sdata=%2F6YTR5liDI4F9hZR9gQJ9Q%2FUNXcC8c77iTTH7Motjb4%3D&reserved=0> | vCard<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.witherspoonkelley.com%2Fs%2Fjmr.vcf&data=02%7C01%7C%7C8109bbb823014066367108d5c59553e7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636632167500697620&sdata=%2F52hjuD7oE6UWllIMcCPaMjQDuc4BjfbDgZwi7%2FoIZI%3D&reserved=0>
[WK]

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, May 29, 2018 10:47 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] probating a lost will

We finally own a copier or two, however, we still conform our file copy.  The concern is that if a testator signs a new will, destroys the old original will, and then dies and for some reason the new beneficiaries are slow or uniformed about their bequest, the old beneficiaries, (who could be old PR’s) could take the photo copy and run with it.
THe conformed file copy, if all the facts line up, can still be probated but the facts need to be clear.
I would be interested in knowing if most are going to retaining signatures on there file copy of wills?

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Rod Harmon<mailto:rodharmon at msn.com>
Sent: Thursday, May 24, 2018 4:32 PM
To: carl at greenawaylawfirm.com<mailto:carl at greenawaylawfirm.com> ; WSBA Real Property Listserv<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] probating a lost will

You need to track down the witnesses and get them to attest to the content of the will and the testator’s competency to make it.  Ok to use one witness if the other has died.  Under your facts, a long, long shot.  I would just count it as intestate.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rodharmon.com&data=02%7C01%7C%7C8109bbb823014066367108d5c59553e7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636632167500697620&sdata=kl5HFZkKTch1VUe7zeZ6ZAQJuamCcD3cFEfv343tNUI%3D&reserved=0>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carl Gay
Sent: Wednesday, May 23, 2018 5:11 PM
To: listserve elder law <elder-law-section at list.wsba.org<mailto:elder-law-section at list.wsba.org>>; listserve real property <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] probating a lost will

Dear Colleagues,
A client’s mother died last month but despite a thorough search no original will has been located.
After contacting local law firms, an unsigned photocopy of a 2002 will was obtained.
There are no signatures of the testator or witnesses, merely a “/s/” followed by the printed name of the testator and witnesses along with the date of execution.
Has anyone had experience in having such a will admitted to probate?
Many thanks for taking the time to reply.
Best regards,
Carl Gay

CARL LLOYD GAY

what counts in life is what we do for others

GREENAWAY, GAY, MEDINA & MYERS
Attorneys and Counselors at Law
734 East First Street       Suite A
Port Angeles, Washington   98362
Email                      mailto:clgay at tfon.com
Telephone               (360) 452-3323
Facsimile                  (360) 452-3724

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