[WSBARP] Lost Will - Witnesses Dead/Dementia - Drafting Attorney Disbarred

Wed Jul 22 11:30:13 PDT 2020

I just opened probate with a copy of a Will.  I submitted a declaration of the deceased’s close friend and caretaker stating that the deceased adamantly insisted up to the date of his death that one grandson inherit his entire estate, as the copy of the Will stated.  I also submitted a declaration of the drafting attorney’s legal assistant who could state that she kept a copy of the Will in their electronic files and it is identical to the copy submitted to the Court.  

You could also try to get consent forms from the intestate heirs stating that they consent to probate of the copy of the Will.  I tried to get a consent from the one other person who was an intestate heir in my case, but once they heard that they were specifically disinherited by the Will, they stopped returning my phone calls.  

Jennifer

Jennifer M. Johnson

Attorney

Hanigan Law Office, PS

PO Box 39 - 68 Main Street

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Lenard Wittlake <lwlaw at my180.net>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Wednesday, July 22, 2020 at 9:34 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Lost Will - Witnesses Dead/Dementia - Drafting Attorney Disbarred

I had a similar situation years ago where there were no witnesses available at time of death (probably deceased) and the persons named as PR and alternate were deceased.  We used the declaration of the drafting attorney to establish authenticity of the copy and the declaration of decedent’s AIF of over 15 years to establish the circumstances surrounding lost will and lack of revocation.

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

Lenard at wittlakelaw.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Wednesday, July 22, 2020 8:31 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Lost Will - Witnesses Dead/Dementia - Drafting Attorney Disbarred

Because there are other biological children (2 siblings) who receive nothing under the will but would receive an intestate share.  

Robert R Rowley
Attorney & Counselor at Law
 (509) 252-5074   (509) 994-1143
 (509) 928-3084   rowleylegal.com
 rob at rowleylegal.com
Helping You Protect What Matters Most

Practice concentrated on business, real estate and general legal matters in Washington and Idaho. 

NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jason Burnett
Sent: Wednesday, July 22, 2020 8:11 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Lost Will - Witnesses Dead/Dementia - Drafting Attorney Disbarred

If son is the sole heir, is the LWT important?  What would be the material difference between a testate and intestate distribution?  

Jason W. Burnett
Attorney at Law
Reed Longyear Malnati & Ahrens, PLLC

We have closed our physical office to help prevent the viral spread of SARS CoV-2. I am working remotely. I am unable to accept physical deliveries of any sort. If you need to contact me directly, please call my direct line: 206-447-8386. 

801 Second Ave, Suite 1415
Seattle, WA 98104
Phone:  (206) 624‑6271
Fax:       (206) 624‑6672
jburnett at reedlongyearlaw.com
www.reedlongyearlaw.com

The information in this email message may be privileged and confidential.  It is intended only for the use of the recipient named above (or the employee or agent responsible to deliver it to the intended recipient).  If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Tuesday, July 21, 2020 10:41 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Lost Will - Witnesses Dead/Dementia - Drafting Attorney Disbarred

Recommendations or suggestions where the sole heir of his mother’s estate (son) only has a copy of the will.  However, both witnesses are either dead or have dementia and the drafting attorney subsequently was disbarred.  He was lawfully practicing at the time he drafted the will.

Disbarred drafting attorney will apparently come to court and give testimony if necessary.

Declaration from disbarred attorney in lieu of testimony?

I have dealt with the situation several times where we have a lost original but are able to use it with new declarations from the original witnesses.  Not available now.

For various reasons we are forced to probate the real estate.

Recommendations or suggestions? 

Robert R Rowley
Attorney & Counselor at Law
 (509) 252-5074   (509) 994-1143
 (509) 928-3084   rowleylegal.com
 rob at rowleylegal.com
Helping You Protect What Matters Most

Practice concentrated on business, real estate and general legal matters in Washington and Idaho. 

NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.

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