[WSBAPT] Starting probate without death certificate

Mon Jan 5 12:06:18 PST 2015

I would presume that a criminal background check is being done by a
commissioner who is taking the court's watchdog role seriously and plans to
take judicial notice of any convictions of a felony or crime involving moral
turpitude that might disqualify the PR from serving in the first place.

Tara M. Roberts

Puget Sound Law

roberts at pugetsoundlaw.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Monday, January 05, 2015 11:55 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Starting probate without death certificate

In Pierce County the commissioner does a criminal background check on
petitioning PRs from the bench.  Why? 

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Peterson, Eileen
Sent: Monday, January 5, 2015 11:40 AM
To: Joyce at Schwensenlaw.com <mailto:Joyce at Schwensenlaw.com> ; WSBA Probate &
Trust Listserv
Subject: Re: [WSBAPT] Starting probate without death certificate

I'm very unclear why any of this happening.  Presumably, the Petition (sworn
under oath) indicates the date of death.   I don't think that it is
required, but for some reason the Court is exercising its discretion - but
why?  

Eileen S. Peterson
Attorney at Law
T 253 620 6419
F 253 620 6565

Click here to follow Lars in our <http://www.gthestateplanning.com/> Trusts
& Estates Blog

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Joyce S. Schwensen
Sent: Monday, January 05, 2015 11:32 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Starting probate without death certificate

Yup. That is what I've been asked to do by the commissioner in King County
on several occasions.

Joyce

Law Offices of Joyce S. Schwensen

6814 Greenwood Ave. N. 
Seattle, WA  98103 
Tel: (206) 367-1065 
Fax: (206)  <mailto:781-7014Joyce at Schwensenlaw.com> 781-7014

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, January 05, 2015 10:58 AM
To: cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net> ; 'WSBA
Probate & Trust Listserv'
Subject: Re: [WSBAPT] Starting probate without death certificate

I am curious.  How does one "present" something to the court but not "file"
it?  Hold it up for the judge and say "looky here?"  Hand it up to the judge
and then get it back?

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com]
<mailto:[mailto:wsbapt-bounces at lists.wsbarppt.com]>  On Behalf Of Robert R.
Cole
Sent: Monday, January 5, 2015 10:27 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: Re: [WSBAPT] Starting probate without death certificate

Snohomish County Commissioners want the death certificated presented (but
not filed).

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C. 

PLEASE NOTE THAT OUR OFFICE WILL BE CLOSED FROM DECEMBER 20, 2014 THROUGH
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On 1/5/2015 9:06 AM, Thomas M. Culbertson wrote:

Looks like King County may be the only one where the question is even asked.
Don't forget you can file in any county, generally by mail, so if you
anticipate problems locally, file somewhere else.

THOMAS M. CULBERTSON  I  Lukins & Annis, PS

717 W. Sprague Ave, Suite 1600, Spokane, WA 99201

(509) 455-9555 I  fax (509) 363-2500  I   <mailto:tculbertson at lukins.com>
tculbertson at lukins.com 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eden Rubenstein
Toner
Sent: Friday, January 02, 2015 1:27 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Starting probate without death certificate

I was asked for it the last time I opened a probate in King County.  I
didn't have it, and was able to open the probate anyway, but in the future
I'm going to try to have it before going to court.

Eden Rubenstein Toner

Attorney at Law

1600-B SW Dash Point Road, #163

Federal Way, WA 98023

phone 206-953-4485

attorneytoner at earthlink.net <mailto:attorneytoner at earthlink.net> 

From: Andrew Hay [mailto:andrewhay at washingtonlaw.net] 
Sent: Wednesday, December 31, 2014 2:31 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Starting probate without death certificate

Hello Listmates

I have a case where a lady is in her last days and has a closing pending.
If she does not survive to closing I may have to open a probate before the
death certificate is available.  Has anyone had similar problem?

Andrew Hay

Hay & Swann PLLC

201 South 34th Street

Tacoma, WA  98418

Phone: (253) 272-2400

Fax:     (253) 267-8947

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

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