[WSBAPT] SOL in 5 days in PI case - need PR appointed

Tue Apr 24 14:17:21 PDT 2018

I have. Worked just as it should.

Cheers,

Christopher Small
CMS Law Firm LLC <http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512

Legal stuff I have to put in... *To ensure compliance with Treasury
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On Tue, Apr 24, 2018 at 2:13 PM, Dalynne Singleton <dalynne at glgmail.com>
wrote:

> Thanks.  The Snohomish and Pierce County Commissioners seem to require
> notice and hearing even if outside of the 40 days and even if no spouse
> only heirs, at least in the last 3 probates I have opened in those
> counties.  This one is King so I am going to assist him to see if he can
> get the Administrator appointed and Letters issued, whether intervention or
> non-intervention.
>
>
>
> Has anyone used that strange RCW to get the probate opened, PR appointed
> with no letters?  I have not.
>
>
>
> *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
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
>
>
> *LICENSED IN WASHINGTON AND OREGON*
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.
> wsbarppt.com> *On Behalf Of *Krista MacLaren
> *Sent:* Tuesday, April 24, 2018 2:03 PM
> *To:* wsba probate & trust <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] SOL in 5 days in PI case - need PR appointed
>
>
>
> If 40 days have passed, I would think you could get the PR appointed
> because surviving spouse has waived right to notice.  I don’t think the
> court would allow non-intervention powers though, if PR is a creditor,
> which I am assuming she/he is, what with the tort claim.  It probably
> doesn’t matter if that PR has non-intervention powers though, since that PR
> is not the one filing a claim, but being served.  If 40 days have not past
> since the death and spouse is non-responsive, then you may be out of luck,
> because surviving spouse is entitled to the 40 days.
>
>
>
> Krista
>
>
>
> Krista J. MacLaren
> Attorney at Law
> Northgate Executive Center II
> 9725 3rd Ave NE, Suite 600
> Seattle WA 98115
> (206) 523-6116
> kjm.inc at icloud.com
>
>
>
> On Apr 24, 2018, at 1:42 PM, Dalynne Singleton <dalynne at glgmail.com>
> wrote:
>
>
>
> Unfortunately, there is a widow who is non-responsive.  So, can we get the
> probate opened and delay getting Letters but have PR appointed pursuant to
> RCW 11.28.110?  Or is this attorney SOL (S outta luck)?  I told him it
> might be worth going in ex parte and telling the judge the dilemma… might
> get a sympathetic commissioner.
>
>
>
> *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
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
>
>
> *LICENSED IN WASHINGTON AND OREGON*
>
> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
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> *From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces@
> lists.wsbarppt.com> *On Behalf Of *Marcus Fry
> *Sent:* Tuesday, April 24, 2018 1:28 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] SOL in 5 days in PI case - need PR appointed
>
>
>
> Dalynne:
>
> The statute only requires notice if there is a spouse or domestic
> partner.  See RCW 11.28.131.  Otherwise, the petition can be presented ex
> parte and obtain the appointment of the PR.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-
> bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>] *On
> Behalf Of *Dalynne Singleton
> *Sent:* Tuesday, April 24, 2018 1:17 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] SOL in 5 days in PI case - need PR appointed
>
>
>
> A fellow attorney has let the tort statute of limitations get close to
> running before he realized the defendant was deceased.  He has five days to
> get a PR appointed, amend the tort litigation and name the PR as the
> defendant (deceased) and serve said PR.
>
>
>
> Since he does not have enough time to file and give notice to the family
> of the Petition for Intestacy and PR appointment, is there a way to get a
> PR appointed under RCW 11.28.110 and not get his letters … then, later do a
> notice and hearing for the letters to be issued?  That way, he will have a
> PR he can serve immediately?
>
>
>
> *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
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
>
>
> *LICENSED IN WASHINGTON AND OREGON*
>
> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
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> been addressed to you in error, do not read, disclose, reproduce,
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