[WSBAPT] Discovery in Probate Proceeding

[Eric Nelsen]

If you wanted to be hardball about it, you could use RCW 11.48.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.070> as well.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, November 14, 2017 9:36 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Discovery in Probate Proceeding

I would use subpoenas. In this kind of circumstance, I would make a short ex parte petition to the court to show good cause, and request an order authorizing the PR to issue subpoenas duces tecum pursuant to CR 45 to third parties for purposes of determining decedent's assets. I would use RCW 11.96A.115(2)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.115> as authority. Others have pointed out that subpoena power technically is not "discovery" since it's under the Civil Rules relating to trial, and still others argue that a PR has subpoena power without needing to get permission first, but I think that making the explicit record and getting an order authorizing it covers any potential irregularity.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Hackett
Sent: Tuesday, November 14, 2017 9:01 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Discovery in Probate Proceeding

Listmates-

Client is administering an estate, and we are dealing with parties who are at best not forthcoming. We need to determine what assets the decedent's held at his death, and potentially review business transactions from the past few years. At this point, it seems appropriate to use formal discovery in the probate or some other judicial process to increase the consequences for the other parties - and get my client the information he needs to administer the estate. The other parties were decedent's advisors, including real estate agents and mortgage brokers, and were intimately familiar with decedent's financials from both "advising" the decedent and investing in projects with him.

I would greatly appreciate insights into the process for doing formal discovery processes or TEDRA procedures to get information on a decedent's assets and prior business dealings.

Thank you in advance for your knowledge and insights.

[https://docs.google.com/uc?export=download&id=0B-SxUq1b3OJKWTdxRWo3ZThmaGs&revid=0B-SxUq1b3OJKNVVIcDZreEwxdGNIb1Q5VDRDU0RrUTVoL2E4PQ]

Thomas A. Hackett
Attorney | NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com<http://nwlegacylaw.com/>
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