[WSBAPT] Discovery in Probate Proceeding

[Mike Winslow]

RCW 11.48.070
Concealed or embezzled property—Proceedings for discovery.
The court shall have authority to bring before it any person or persons suspected of having in his or her possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of decedents or incompetents subject to administration under this title, or who has in his or her possession or within his or her knowledge any conveyances, bonds, contracts, or other writings which contain evidence of or may tend to establish the right, title, interest, or claim of the deceased in and to any property. If such person be not in the county in which the letters were granted, he or she may be cited and examined either before the court of the county where found or before the court issuing the order of citation, and if he or she be found innocent of the charges he or she shall be entitled to recover costs of the estate, which costs shall be fees and mileage of witnesses, statutory attorney's fees, and such per diem and mileage for the person so charged as allowed to witnesses in civil proceedings. Such party may be brought before the court by means of citation such as the court may choose to issue, and if he or she refuses to answer such interrogatories as may be put to him or her touching such matters, the court may commit him or her to the county jail, there to remain until he or she shall be willing to make such answers.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: 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
 <http://www.facebook.com/NWlegacylaw>   <http://www.linkedin.com/in/thomasahackett> 
 
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