[WSBAPT] court order to close non-intervention estate

[Carmen Rowe]

"Thirded"

Note, too, that if you move for a court order, you have now submitted the
non-intervention estate into the realm of court intervention. There is a
case on this point; a PR in an awkward situation wanted to get a court
order to kind of "bless" his choices. Then when things heated up later he
wasn't able to get out as easily as if he had left it as a non-intervention
estate. His liabilities may have even increased; can't remember that part
for sure.

What I do remember is it opened a can of worms - good intentions and all,
didn't work out so well for him.

So to keep it in the non-intervention box, make best decision he can,
submit to court, and there is the 30 days once ensuring all the proper
notices have been given in the form required.


Carmen Rowe, Attorney/Owner


Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

*Mailing address: *1673 S. Market Blvd. #202, Chehalis, WA 98532
*Olympia/Lacey office: *1415 College Street SE, Lacey, WA 98503
*Seattle office: *1001 4th Avenue, Suite 3200, Seattle, WA 98154


*We also offer virtual meeting options, and are often available to meet
with you in an alternate location convenient to you.*

*Privileged and confidential: *This message is confidential. If you receive
this message in error, please let us know, and please delete and disregard
any information it contains. We thank you for your respect in not sharing
this email with anyone.

If we are communicating with you regarding a debt or monies owed, THIS MAY
BE AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT
PURPOSE. You have the right to seek legal advice from an attorney. To the
extent that the Federal Fair Debt Collection Practices Act applies, this
firm is acting as a debt collector for the firm's client named above. Any
information obtained will be used for collection purposes.



Date: Thu, 30 Aug 2018 19:08:23 +0000

From: James Bates <James.Bates at lucelawfirm.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Court order to close nonintervention estate -
        Clark   County
Message-ID:
        <
BY1PR03MB1401CFBE7C25934A7D127329FF080 at BY1PR03MB1401.namprd03.prod.outlook.com
>

Content-Type: text/plain; charset="utf-8"

Seconded, and especially note (2) regarding the 30 day time limit in which
the heir has to file an action after filing of the Declaration and giving
notice.

James Bates, Attorney
Luce & Associates, P.S.
4505 Pacific Hwy. E., Suite A
Tacoma, WA 98424
T: (253) 922-8724
F: (253) 922-2802
www.LuceLawFirm.com <http://www.lucelawfirm.com/><http://www.LuceLawFirm.com
<http://www.lucelawfirm.com/>>  [e943ecc8-5be2-4768-a17e-1b829b908afe] <
https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348>

IMPORTANT NOTICE TO EMAIL RECIPIENTS
1. The information contained in this e-mail and accompanying attachments
constitute confidential information which may be legally privileged and is
intended for the sole use of the addressee.  If you are not the intended
recipient of this information, any disclosure, copying, distribution or the
taking of any action in reliance on this information is strictly prohibited
and may be unlawful. This information is the property of Luce & Associates,
P.S.  If you received this e-mail in error, please notify us immediately by
return e-mail or by calling (253) 922-8724.
2.  This e-mail transmission may not be secure and may be illegally
intercepted.  Clients of Luce & Associates, P.S. are asked to use their
best judgment in determining whether the topic of an e-mail response is
such that it would be better saved for a more secure means of communication.
3.  The sender believes that this e-mail and any attachments are free of
any virus.  However, by reading this message and opening any attachments,
the recipient accepts full responsibility for taking remedial action
regarding any viruses or other defects.
4.  All Luce & Associates? attorneys are licensed to practice law in
Washington and do not intend to give legal advice to anyone with legal
matters not involving Washington law or federal law or to those who are not
clients of this firm.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Christopher Small
Sent: Thursday, August 30, 2018 11:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: crystal at lambertlawpllc.com
Subject: Re: [WSBAPT] Court order to close nonintervention estate - Clark
County

This is what I do...

http://app.leg.wa.gov/rcw/default.aspx?cite=11.68.110

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
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).

On Thu, Aug 30, 2018 at 11:32 AM, Conor Buie <conor at lambertlawpllc.com
<mailto:conor at lambertlawpllc.com>> wrote:
Colleagues:

Looking for guidance on procedure to close a nonintervention estate in
Clark County through court order.  PR was granted nonintervention powers;
the estate is now ready to be closed.  Distributions have been made, but
one heir has not cashed the distribution check nor signed and returned the
Waiver of Notice of Filing Declaration of Completion of Probate and Receipt
(mailed to the heir at the beginning of this month).  Not sure if the heir
intends to dispute the inventory, accounting, or overall administration,
but no action has been taken yet by this heir.

The exact procedure to close a nonintervention estate by court order in RCW
11.68.100 and the Probate Deskbook are not 100% clear to me.  Do you follow
the procedures for closing an estate without nonintervention powers?  Can
anyone provide a sample of the motion/petition for an order closing a
nonintervention estate?

Your guidance and assistance are greatly appreciated.

Conor P. Buie
Associate Attorney
Lambert Law Office PLLC
900 Washington Street, Suite 1010
Vancouver, WA 98660
phone (360)737-1473
fax (360)859-5259
conor at LambertLawPLLC.com<mailto:conor at LambertLawPLLC.com>
www.lambertlawpllc.com<http://www.lambertlawpllc.com/>


>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180831/ac06db20/attachment.html>