[WSBAPT] Filing in closed court matter

[Sam Furgason]

Thanks for your input, Jane and David. That motion vs. petition thing is
interesting: bureaucracy at its most entertaining. Good for future
reference. I remember the first time I filed a TEDRA petition in a probate
matter – the rule said I had to pay another filing fee, but the clerk
wasn’t aware of the rule and wondered why I offered a check. 

The thing is, in King County one must pay for presentation by the clerk,
then for copies. There is a 50/50 chance that the Commissioner will get
confused by a motion to re-open the estate without more, just to file a
document, which will result in more time and money. 

I think I will try filing electronically first, and if that is rejected,
call the clerk to see what I should do. I can just go with a notarized
statement. I’m not aware of any requirement that we would need to file any
kind of administrative paperwork with the court in respect of a
testamentary trust anyway. It’s just that some bank and brokerage staff
consider a court certified copy of anything on pleading paper to be
official and unquestionable, a notarized document less so, and a perfectly
legal, signed but not notarized document suspect or unacceptable. Just
trying to speed up the process. 

S 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of David Moe
Sent: Thursday, May 15, 2014 5:32 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Filing in closed court matter

 

One may not be permitted to use e-filing in King County if the case number
is pre-2002.  I can’t recall the cut-over year.  Call the clerk.  

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Thursday, May 15, 2014 5:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Filing in closed court matter

 

In Spokane County we would submit  a Motion and Order to our Presiding
Judge to reopen the Estate file to allow the appointment of the Successor
Trustee and then file the Appointment of Successor Trustee and get the
Certified copies. 

 

If you use a Petition & Order to reopen the Estate our Clerk makes you pay
another filing fee, but the Motion & Order can be done without the
additional fee.

 

Jane Bitz.

 

Jane G Bitz

Attorney at Law, PLLC

12209 E Mission, Suite 5

Spokane Valley WA 99206-4824

(509) 927-9700; FAX (509) 777-1800

 <mailto:jane at jbitzlaw.com> jane at jbitzlaw.com

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Thursday, May 15, 2014 4:42 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Filing in closed court matter

 

Listmates, 

Testamentary trust needs appointment of new trustee. The declaration of
completion was filed in 2002, closing the probate. Now that we have
electronic filing, what happens if I file an appointment of successor
trustee electronically? Will it be rejected? If not, shouldn’t I be able
to get certified copies? No PR or court order involved, just an
appointment of a successor trustee for a resigning trustee by the method
set forth in the trust. Basically, my question is, are things so automated
now that I could file and get certified copies to present to the various
banks and brokerages so they will accept the new trustee? The irony is
that neither acknowledgements nor court authorizations are legally
required, but institutions insist on something that looks official. What
do you think?

Samuel L. Furgason

Samuel L. Furgason, Inc, PS

Law Practice Limited to Existing Clients

800 Bellevue Way N.E., Suite 400

Bellevue, Washington 98004

MAIL TO:

PO Box 102

Medina, WA 98039-0102

Work:    (425) 649-1122

Cell:       (425) 445-9909

Email: sam at furgasons.com

 

 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 11038 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140515/8a0721ea/winmail.dat>