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

Wed Oct 7 17:11:17 PDT 2020

This is the procedure I've used on both sides of the cause:

The first step is to file a petition under RCW 11.68.070, which must be
supported
by an affidavit making a prima facie showing of cause for removal.

The Court then cites the PR to appear before it and answer your claims
under
RCW 11.28.250.

You do bring it under the Probate cause number and if you don't follow RCW
11.68.070, your petition can be dismissed.

On Wed, Oct 7, 2020 at 11:41 AM Candace Wilkerson <
cwilkerson at wongfleming.com> wrote:

> My last petition to remove a PR was filed under TEDRA as a new case.  I
> thought that’s what was required because it involved a dispute between PR
> and beneficiaries, but Eric makes a good argument.  I’d love to know the
> consensus.
>
>
>
> Candace Wilkerson
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Wednesday, October 7, 2020 9:51 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://url.emailprotection.link/?bSkzP_sdmuv9qvewZ1yXXW7IPAh8wclbQvh0Ap_dtBgt2HPaYpQVSIArJW1zE_FeShEnnnA9uDVTYg-KBbW9EyloVcd_5bAA5JEqzVMjcZ2Q7loDHK3BuCQQwp00KjPi26DTUQX_jiT6hmpo9xOeOA_EmFTBFhkTfdt066oKN-1M~>?
> 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://url.emailprotection.link/?bvIX_f-gE7OUp65_hmP4MPD5sIs9MoSFQ42s50wVQ7mT0X8Mr6i2kix5dvJl1XykgzwaGvmUjeOi0W4EKGZ4xctnODJ0Gwb53IdBlN7-d-H3hPXmnnpZ1HpRf0aXBMcxGSBQmNj07VE7CE8htn9zeqY8effBWrV7Z-wY24_lfEhA~>.
> 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://url.emailprotection.link/?bvIX_f-gE7OUp65_hmP4MPO2pGNcnNW7FB0JC1Y17ZjwUQQQzxOsJ_vGMKC23thMNxIU4Kplbfz_yxRLMrdDLDe19sZmjgXwJadIFs2ZxXb-xuo7GfN_CfI4FDgjiqftklIMXy4TwNumisOZVu7Fn2pZpezJrzrFCN-y4NXhZSO4~>.
> 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
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *msafren at jennylinglaw.com
> *Sent:* Tuesday, October 6, 2020 5:35 PM
> *To:* 'WSBA Probate & Trust Listserv' <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
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> *www.jennylinglaw.com
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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