[WSBAPT] Starting probate without death certificate

Mon Jan 5 12:30:30 PST 2015

It is my understanding that any person convicted of a felony or any crime (including a misdemeanor) of “moral turpitude” is disqualified to serve as a PR (RCW 11.36.010) or trustee (RCW 11.36.021).

Nathan M. Hayes
(360) 481-8966

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On Jan 5, 2015, at 12:06 PM, Mark Higgins <markthiggins at gmail.com> wrote:

> those with felony convictions cannot be PRs.
> 
> On Mon, Jan 5, 2015 at 11:55 AM, Lisa Schuchman <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
> www.lisaschuchman.com
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> From: 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; 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 ourTrusts & Estates Blog
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> From: 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 
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> Joyce at Schwensenlaw.com
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> From: 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; '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?
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> From: wsbapt-bounces at lists.wsbarppt.com [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
> 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.
> 
>  
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> <image001.png> 
> 
> THOMAS M. CULBERTSON  I  Lukins & Annis, PS
> 
> 717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
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> From: 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
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> phone 206-953-4485
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> attorneytoner at earthlink.net
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> 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
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> Mark T. Higgins
> Mark T. Higgins, P.C.
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