[WSBAPT] RCW 11.68.070 "citation into court" of the PR

[Eric Nelsen]

Thanks Richard--Sounds like I prevailed by invincible ignorance last time. I need to get on a probate legislative committee and start trying to address all my gripes about probate procedures, instead of just griping about them.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Tuesday, April 07, 2015 1:19 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] RCW 11.68.070 "citation into court" of the PR

Eric --- I've done numerous petitions for PR removals.  Up to several years ago, I did a simple petition, giving notice, etc.  Whoops --- I came before Comm'r B-J: "Counsel, the PR has NP, so the Court has no jurisdiction over the PR.  You need to move the Court to issue a Citation to have the PR appear, which gives the Court jurisdiction over the PR."  Furthermore, she declined to accept my oral Motion, "No, I want a written Motion to Show Cause, to issue the Citation."  Ever since then, my "Petitions to Remove PR" have become "Motions to Show Cause re Removal of PR & to Issue Citation."  Good luck with yours.


On 4/6/2015 3:49 PM, Eric Nelsen wrote:
Anyone have a form for the "citation into court" of a PR who has been misbehaving? I'm assuming this procedure under RCW 11.68.070<http://app.leg.wa.gov/rcw/default.aspx?cite=11.68&full=true#11.68.070> still has to be dovetailed into the TEDRA procedures.

I have some forms on my computer, but files are dated 1994 (21 years old and still on our computer!) and I'm having a little trouble believing it's still a good form. It appears to require the sheriff to serve the PR...

The last time I had a PR removed using a TEDRA proceeding, I just ignored the 11.68.070 citation requirement, set the standard TEDRA hearing and gave notice by mail to everybody (RCW 11.96A.110<http://app.leg.wa.gov/rcw/default.aspx?cite=11.96A&full=true#11.96A.110>) including the PR and it worked fine. At least, nobody objected to the procedure. Anybody have thoughts about that? Did I dodge a bullet without knowing it?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040





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