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

[Tom Stuen]

Hey:  You are retired!

Tom

 

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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