A Disposition and Revocation of a Codicil are Anti Intestate for Challenges to Probate

Question 1

Disposition

Answer 1

Disposition Valid Disinterested

(1) Disposition = RCW 11; Jurisdiction = any superior court; Venue = where lived or property located if out
(2) Valid = testator is mentally competent + 18, w/intent to direct property at death, singed document to that effect, attested to by 2 disinterested witness = just acknowledge
(3) Disinterested = taker != invalidate but presumption, not rebutted = intestate; holographic; conditional = enforced if not clearly specified

Question 2

Revocation

Answer 2

Revocation Dependent Abide

(1) Revocation = partial ok, but formalities if more to named taker; full = destroy or specific language in 2nd will
(2) Dependent relative revocation = revive if intent to keep alive if second fails; Presumption against intestacy;
(3) Abide = no strict compliance but testator clearly demonstrated intent; Cypress = impossible/impractical

Question 3

Codicil

Answer 3

Codicil Incorporation Tangible

(1) Codicil = amendment = formalities
(2) Incorporation by reference = clearly identifiable + in existence at time of execution
(3) Tangible personal property = identified + created before or after execution + signed, in handwriting

Question 4

Anti

Answer 4

Anti Ademption Simultaneous

(1) Anti lapse statute = if survival is not expressly conditioned + kin, decedents lineal descendents step in shoes
(2) Ademption = property no longer in possession = nothing
(3) Simultaneous = 120 hours + same accident, each treated as if died last. Each estate goes to that person’s heirs

Question 5

Intestate

Answer 5

Intestate Omitted Children

(1) Intestate = no will, residue; spouse gets CP and one half SP, rest to kids, else 75%
(2) Omitted spouse = after execution = no change in validity = takes under intestate portion; divorce = all in favor revoked
(3) Omitted children = after execution = born , adopted = takes as intestate; illegitimacy may require paternity/creditor claim

Question 6

Challenges

Answer 6

Challenges Undue Homestead

(1) Challenges = lack of capacity, duress, undue influence
(2) Undue influence = FALO = fiduciary, active participation in will, large device, other aged – couldn’t see, etc.
(3) Homestead = right to retain up to $125k for spouse, minor children in SP home value, judge’s discretion

Question 7

Probate

Answer 7

Probate PR Creditor

(1) Probate = process where distribution to takers and creditors are paid; CP, life insurance, joint w/ right pass out; TEDRA is preferred before court; Non-intervention can be requested
(2) PR = named by will, else appointed; Spouse = CP administrator; fiduciary duty, pursue wrongful death for estate
(3) Creditor = known get actual notice, 4 months for claim; constructive = publish once a week for 3 weeks in paper of record, 24 months for claim. Discharge PR = report and final accounting