[WSBAPT] Discovery in Probate Proceeding

Thu Nov 16 09:40:13 PST 2017

The embezzlement statute I cited authorizes a separate cause of action (even from that of TEDRA, I would suggest). However, since you are just trying to obtain records in order to review prior actions, there may be no evidence of embezzlement yet.
Filing a petition under TEDRA with a citation in form of order to show cause, requesting a discovery order under 11.96A.100(10) would appear to meet the goals you describe. See Probate Desk book 9.4.1(d) for a discussion of the citation process. I think the statute reaches the issue of records since it addresses “persons in possession or within his knowledge” of the decedent’s transactions.

I would be tempted to write a letter with a demand for records, advising that you will file an action to compel  delivery of records if they don’t comply and will seek attorney’s fees, unless you think they will destroy records.
If you have concerns about “spoilation” of evidence,  add warnings to the letter. See  the following link and similar for a discussion of this topic.
http://apps.americanbar.org/abastore/products/books/abstracts/5190497_chap1_abs.pdf

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Barrera
Sent: Thursday, November 16, 2017 8:12 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Discovery in Probate Proceeding

We did some discovery in a recent TEDRA action. I agree with Eric – the discovery subpoenas are only proper in an action, not an ordinary probate.

Paul A. Barrera
Attorney

Office      206-413-7288
Fax           206-367-0120
Email       <mailto:paul at northcitylaw.com> paul at northcitylaw.com 
Web         <http://www.northcitylaw.com/> www.northcitylaw.com 

red

North City Law, PC
17713 15th Ave NE Suite 105
Shoreline, WA  98155

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, November 15, 2017 3:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Discovery in Probate Proceeding

TEDRA sure, it's allowed, but in an ordinary Estate administration I haven't found a source of authority that would allow PR's attorney to issue subpoenas. Civil Rules are for litigation, don't apply to an ordinary administration unless specifically incorporated in some fashion (as with a TEDRA).

Doesn't mean there isn't authority to allow it; I just haven't seen it or found it.

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 Dalynne Singleton
Sent: Tuesday, November 14, 2017 2:50 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Discovery in Probate Proceeding

I have issued SDT in TEDRA and Estate matters with no problems and without court permission.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
 <mailto:dalynne at glgmail.com> dalynne at glgmail.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, November 14, 2017 10:01 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Discovery in Probate Proceeding

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

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

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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