[WSBAPT] Car at someone else's home - how to get it

Thu Sep 12 12:37:01 PDT 2019

Good luck, Dalynne!  I'd be interested in hearing how it turns out.

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, September 12, 2019 11:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Car at someone else's home - how to get it

I will attempt the suggested notarized authorization to the uncle by the Administrator to retrieve the car, keys and personal property.  If refused, then I think the show cause proceeding will be my choice then as the person is in the County in which the probate is filed.  If that fails, seems TEDRA will be next.

RCW 11.48.070<http://app.leg.wa.gov/RCW/default.aspx?cite=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.

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
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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 Stephen A. Brandli
Sent: Thursday, September 12, 2019 10:51 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Car at someone else's home - how to get it

Does RCW 11.48.070 help?

                Steve

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 Candace Wilkerson
Sent: Thursday, September 12, 2019 9:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Car at someone else's home - how to get it

I suggest that the PR write a notarized letter authorizing the uncle on her behalf to obtain the property, and give the uncle a copy of her Letters of Administration to show with it.  The owner may not want to risk liability if the uncle isn't authorized to act on the PR's behalf.

If that doesn't work, I doubt the police will agree to get involved unless the mother herself is present with her Letters of Administration (maybe not even then), so I'd probably do a show cause at that point.

Candace Wilkerson

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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 Dalynne Singleton
Sent: Thursday, September 12, 2019 9:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Car at someone else's home - how to get it

I have a client (mom) who lives out of state and we just appointed her Administrator of her son's estate.  I am the resident agent.  He committed suicide and we are trying to get his personal belongings and car from the place he was living.  It was a strange arrangement where he worked for this man and was given a room to live in exchange for a salary.  The owner of the home doesn't indicate he owes him any money so not sure why he is being such a jerk.

The man won't give the uncle of the deceased the car keys and the rest of the young man's belongings.
Is the remedy a show cause hearing to the roommate / owner of the home the solution or calling the police?

Thanks.

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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