[WSBAPT] Starting probate without death certificate

Lisa Schuchman lisa at lisaschuchman.com
Mon Jan 5 12:17:50 PST 2015


Then why don’t other counties do it?  I’m really just pointing out the seeming randomness of some of these practices.  It might be an excellent idea for commissioners to check background and death certificates, but they don’t.

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] On Behalf Of Mark Higgins
Sent: Monday, January 5, 2015 12:07 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Starting probate without death certificate

those with felony convictions cannot be PRs.​

On Mon, Jan 5, 2015 at 11:55 AM, Lisa Schuchman <lisa at lisaschuchman.com<mailto:lisa at lisaschuchman.com>> wrote:
In Pierce County the commissioner does a criminal background check on petitioning PRs from the bench.  Why?

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

Education is what you get when you read the fine print.  Experience is what you get when you don’t. -Pete Seeger

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<tel:253%20620%206419>
F 253 620 6565<tel:253%20620%206565>
Click here to follow Lars in ourTrusts & Estates Blog<http://www.gthestateplanning.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 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<tel:%28206%29%C2%A0367-1065>
Fax: (206) 781-7014<mailto:781-7014Joyce at Schwensenlaw.com>
Joyce at Schwensenlaw.com<mailto:Joyce at Schwensenlaw.com>
www.SchwensenLaw.com<http://www.schwensenlaw.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 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.

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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<tel:%28509%29%20455-9555> I  fax (509) 363-2500<tel:%28509%29%20363-2500>  I  tculbertson at lukins.com<mailto: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<tel: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<tel:%28253%29%20272-2400>
Fax:     (253) 267-8947<tel:%28253%29%20267-8947>
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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Mark T. Higgins
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