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Peterson v. Peterson8/18/2000
Betty Ianicelli and Lester Peterson appeal the trial court's denial of their motion for reconsideration, in which they sought application of the common law discovery rule to extend the four-month period for contesting a will under RCW 11.24.010. We affirm.
FACTS
Clarence L. Peterson has six children. After his second wife died, Peterson, then in his seventies, married Victoria Steve, then in her mid-twenties, on June 5, 1995. Thereafter, Peterson changed his will three times and added two codicils. Each change reduced his children's, grandchildren's, and other heirs' shares of his estate, while increasing Victoria Steve Peterson's share. One codicil provided that if any beneficiary contested his will, that person's inheritance would be reduced to $10. Except for his sons, William Joseph Peterson and Lester Roy Peterson, Peterson's other adult children lived in Georgia.
Clarence Peterson died on October 11, 1997. One month later, on November 13, 1997, the court appointed his son William Joseph Peterson as his personal representative, and Peterson's will was admitted to probate. The next day, November 14, 1997, the personal representative published a notice to creditors to file all claims against the estate under RCW 11.40.020. In response to this notice, Betty Ianicelli, Peterson's daughter, filed a creditor's claim against the estate.
On March 11, 1998, Betty Ianicelli and Lester Peterson (the Contestants), filed a Claim of Heirs to notify the estate of their suspicions of fraudulent conduct by Victoria Steve Peterson in marrying their father and depriving him of his money and property. They alleged that she was a member of the notorious Steve gypsy family of Tacoma, many of whom were 'currently awaiting trial for FRAUD in Pierce County.' To support their allegations, they attached newspaper articles that detailed the involvement of the Steve family in welfare and insurance scams none of which mentioned Victoria Steve Peterson's involvement.
The Contestants alleged that Victoria Steve Peterson had lied to Peterson about family illnesses and corresponding medical expenses to obtain cash and vehicles that were later sold and converted to cash. The Contestants suspected that Victoria Steve Peterson's marriage to their father was a sham 'for the purpose of continuing and facilitating the fraud against Mr. Peterson.' They alleged that she never established a marital residence, nor ever spent the night with their father. They asked that:
the marriage of Victoria Steve and Mr. Clarence L. Peterson be declared null and void and that an accounting be made of all monies received in cash or kind by Victoria Steve, her relatives, friends and/or associates. That any and all bequests in Mr. Peterson's WILL, purporting to give to Victoria Steve 'Peterson' as 'my wife' are null and void and that the WILL be declared null and void.
Approximately one month later, on April 27, 1998, the personal representative rejected his siblings' claims. He rejected the Claim of Heirs because it was not a Creditor's Claim and because no facts in the Claim of Heirs regarding the validity of the Petersons' marriage or other fraudulent acts are declared under oath and the attachments only cite allegations regarding the Steve family in general, not specifically against Victoria Steve Peterson.
He also rejected Ianicelli's Creditor's Claim. The personal representative notified the parties that they must sue him within 30 days of the rejection to preserve their claim. RCW 11.40.100(1). The Contestants failed to do so.
Approximately one month after the statutory period for filing a will contest had expired, a tele
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