[WSBAPT] Questions about a citation hearing to remove naughty Administrator

Wed Oct 7 13:14:41 PDT 2020

If all you are doing is removing the PR, then a motion in the probate cause seems appropriate.  I did this recently and obtained a judgment for stolen monies $54k from the estate by the bad PR.  PR did not show for hearing and I had a citation issued to her when her attorney withdrew before the hearing.

If you have other claims that require TEDRA, then you can include the removal of the PR as one claim along with the others such as vulnerable adult claims.  I did that a couple of times as well and it worked but required arbitration/mediation under TEDRA as not handled in the first hearing in TEDRA.

Dalynne Singleton

Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, October 7, 2020 6:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Questions about a citation hearing to remove naughty Administrator

I take it you are proceeding under RCW 11.28.250<https://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.250>? If the PR has non-intervention powers, I would strongly suggest using actual service of process on the PR, even if you mail notice to everyone else. Regardless of what the statutes appear to say, there are potential jurisdictional issues if a PR has been granted NPs, unless personal service by a process server is accomplished. Since you can eliminate any jurisdictional argument by using process service, I think it's the better tactic.

My current opinion regarding removal of a PR under that statute, is that a motion to remove the PR is not a TEDRA "judicial proceeding" that requires filing a petition under a separate cause number, as mentioned in RCW 11.96A.090<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A&full=true#11.96A.090>. Removal of a PR does not seem to be within the scope of the definition of "matters" resolved by TEDRA, under RCW 11.96A.030(2)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A&full=true#11.96A.030>. I think that the motion is filed under the probate cause number. This makes the most sense to me as a matter of "logic" in that the court proceedings removing a PR really ought to be in the same case caption that appointed the PR; but then again, logic doesn't always govern.

Does anyone else think differently-that removing a PR requires filing a separate TEDRA action?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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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 msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Tuesday, October 6, 2020 5:35 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Questions about a citation hearing to remove naughty Administrator

Hello Learned Listservers,

I have been contacted by a potential client who is seeking to remove an Administrator for misdeeds.  Does anyone who has experience with this sort of matter have a few minutes to allow me to check that I'm moving forward correctly on the  procedural front.  The Estate is located in King County Washington.

As I understand it, it requires 20 days notice to the PR for removal and mailing is sufficient form of notice.  The notice should include the note, the motion to remove, and a form notice.  I'm trying to get a substitute administrator appointed in place of the Administrator, and I'll have a oath of administrator signed and ready for the commissioner.

Is there anything else?

Also I'm trying to decide whether a temporary restraining order is appropriate to restrain the administrator from selling assets of the estate until the citation hearing is complete of if we can temporarily stay the authority of the Administrator in the same motion for citation.

I appreciate anyone sharing just a few minutes to speak with me.

Thanks!

Warmest regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
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