Legal Question in Wills and Trusts in Washington

probate

if a will is presented to probate and

it's accepted and a personal

representative is appointed, then a

more recent second will is presented

to contest the first will, does the

person appointed personal

representative continue to have the

rights as personal representative?

does he have the right to liquidate

the personal property in the estate?

the court accepted the ''contest'' of

the first Will because of the more

recent Will; however, the case won't

go to court until eight months. and

the person appointed personal

representative is selling off

everything in the estate.


Asked on 3/04/08, 2:31 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: probate

The personal representative is appointed by the court. If you object either to the appointment or to what the PR is doing, you can and should appear as an interested party in the probate and bring your objections to the attention of the court.

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Answered on 3/04/08, 4:12 pm
Scott Linden Scott H. Linden, Esq.

Re: probate

You need to get the Court to stop the sale of any and all assets that belong to the estate. The administrator can be named by the Court or in the testemantary instrument itself, not sure which is the case here, so the best thing to do is ask the Court for immediate relief. Have you made an appearance at any point yet?

Please feel free to contact our office for assistance at the number provided by LawGuru or through our firm's informative website, located at No-Probate.com.

Yours Truly,

Scott

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Answered on 3/04/08, 4:34 pm
Christopher Steuart IT Forensics, Inc.

Re: probate

Mr. Roth and Mr. Linden are quite correct. It appears this may be a Washington probate case. I will give you a bit more detail. The procedural development of the case is not completely clear. It is unclear to me what your court date eight months from now is (or what it is for). You indicate that you have filed the newer will, be sure to provide the affidavits of attesting witnesses. You should then file a motion for a hearing on the two wills. You may also as you file the newer will, consider asking the court (ex parte) for a stay to prevent the disposal of assets until the court determines which will applies. However, selling peronal property of the estate is not an inherently incorrect process, if the proceeds of the sales are put into an account pending determination of the correct will to operate the estate under.

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Answered on 3/04/08, 5:50 pm


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