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

[Ralph Maimon]

I would also file the suit now and get the extra 90  days to serve as a backup.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Krista MacLaren <kjm.inc at mac.com>
Sent: Tuesday, April 24, 2018 2:03:05 PM
To: wsba probate & trust
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<mailto:kjm.inc at icloud.com>

On Apr 24, 2018, at 1:42 PM, Dalynne Singleton <dalynne at glgmail.com<mailto: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<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at 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<mailto: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.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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