[WSBAPT] Process from dismiss Disso due to death and openingProbate

[Josh Grant]

I would just advise OP to get an opinion from an independent attorney, who would say “you apply to be PR”.  Remember confidences continue even after a client dies in some circumstances.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: michael at westseattleattorney.com 
Sent: Monday, April 13, 2020 2:20 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Process from dismiss Disso due to death and openingProbate

Hi - yes, but how? While some said file a Motion  (I can't as I do not have a client) but another said file death cert under seal and copy IC Judge - court should administratively dismiss case. I believe your right that once Probated is open, spouse could ask for a family allowance





  -------- Original Message --------
  Subject: Re: [WSBAPT] Process from dismiss Disso due to death and
  opening Probate
  From: "Josh Grant" <jgrant at accima.com>
  Date: Mon, April 13, 2020 12:55 pm
  To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>


  I always understood that death ends all divorce cases,  OP would get family allowance in estate case?

  Joshua F. Grant

  P. O. Box 619
  Wilbur, WA 99185
  509 647 5578

  From: michael at westseattleattorney.com 
  Sent: Monday, April 13, 2020 11:31 AM
  To: WSBA Probate & Trust Listserve 
  Subject: [WSBAPT] Process from dismiss Disso due to death and opening Probate

  Client's death leaves me w/o a client in a divorce case. OP is pro se and will need a family allowance and will not just allow dismissal to take place as it will dismiss Temp Order re maintenance. Do I open probate first and have PR sign Order of Dismissal for Dissolution?
  Thanks
  Mike



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