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

[Richard Wills]

*Yes --- & am enjoying it, thank you.*


On 4/7/2015 4:38 PM, Tom Stuen wrote:
>
> 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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