Estate Of Dean Roy Lacy
59434-0
Wash. Ct. App.Mar 11, 2025Background
- Dean Roy Lacy died on October 12, 2022, and his estate was initially probated as intestate, with his daughter, Valerie Trimble, appointed administrator.
- David VanDover, Sr. sought to admit an alleged will that heavily favored him and excluded Lacy's children, claiming the will was signed by Lacy with an "X" and witnessed (but not notarized at signing).
- Witnesses' notarized attestations of authenticity for the will were executed months after Lacy's death.
- VanDover's earlier statements contradicted his later claims—he initially said a will was not signed before Lacy died due to lack of photo ID, but later argued the will was valid and lost by heirs.
- The superior court commissioner rejected the will due to procedural and evidentiary shortcomings, including lack of convincing evidence, improper service, and missing contemporaneous notarization.
- VanDover's post-order motions for reconsideration and revision were denied, the latter as untimely under local court rules, and he appealed.
Issues
| Issue | VanDover's Argument | Trimble/Estate's Argument | Held |
|---|---|---|---|
| Jurisdiction over the proceedings | Improper service deprived court of jurisdiction | Administrator appeared, consenting | Jurisdiction proper; administrator appeared |
| Validity of the alleged will | Will was valid and should be admitted | Will was defective, not credible | Will properly rejected due to evidentiary flaws |
| Denial of motion for revision | Local rule not in effect; good cause to excuse delay | Revision untimely per local rules | Denial of motion for revision was proper |
Key Cases Cited
- Allstate Ins. Co. v. Khani, 75 Wn. App. 317 (Wash. Ct. App. 1994) (court lacks personal jurisdiction without proper service, but appearance can waive defect)
- In re Marriage of Steele, 90 Wn. App. 992 (Wash. Ct. App. 1998) (party can waive personal jurisdiction by seeking judicial relief)
- In re Estate of Jones, 152 Wn.2d 1 (Wash. 2004) (unchallenged trial findings are verities on appeal)
- Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801 (Wash. 1992) (court does not consider arguments without supporting authority)
- State v. Cox, 109 Wn. App. 937 (Wash. Ct. App. 2002) (court not required to construct arguments for parties)