[WSBAPT] WSBAPT Digest, Vol 84, Issue 3

Fri Sep 3 09:07:19 PDT 2021

OFF TOPIC: disability attorney

Hi all,

Seeking referrals for experienced disability attorneys to help a
professional (self employed) person obtain disability benefits from private
disability policy (not government benefits).  Feel free to reply to list or
off list directly.  Thank you, Lisa

On Thu, Sep 2, 2021 at 3:07 PM <wsbapt-request at lists.wsbarppt.com> wrote:

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> Today's Topics:
>
>    1. Re: DSHS creditor claim 2014-2021 (Lenard Wittlake)
>    2. voluntary dismissal of probate (Mike  Zeno)
>    3. Re: voluntary dismissal of probate (Eric Nelsen)
>    4. Re: voluntary dismissal of probate (Dalynne Singleton)
>    5. Testator/Testatrix Unable to Sign Name to Documents
>       (Lisa Kay Mikkelson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 1 Sep 2021 13:03:38 -0700
> From: "Lenard Wittlake" <lwlaw at my180.net>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] DSHS creditor claim 2014-2021
> Message-ID: <009401d79f6c$747c0c50$5d7424f0$@my180.net>
> Content-Type: text/plain; charset="utf-8"
>
> Is that also true for bills that should have been covered by VA benefits
> before Affordable Care Act?
>
>
>
> Lenard L Wittlake, PLLC
>
> Attorney & Counselor at Law
>
> 22 East Poplar Street, Suite 202
>
> P.O. Box 1233
>
> Walla Walla, WA 99362
>
> (509) 529-1529 voice
>
> (509) 850-3515 fax
>
>  <http://www.lwattorney.com> www.lwattorney.com
>
>  <mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com
>
>
>
> The information contained in this email may be privileged, confidential or
>
> otherwise protected from disclosure.  If you received this email in error,
>
> please reply to the sender that you have received this information in error
>
> and delete this email.
>
>
>
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J A Cyphers
> Sent: Wednesday, September 1, 2021 10:03 AM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] DSHS creditor claim 2014-2021
>
>
>
> One additional fact to explore.  If this claim is for medical bills, after
> the Affordable Care act passed, the state could not claim back medical
> bills that should have been covered by the Act.
>
> I no longer have the citation for those statutes but had DSHS some years
> ago claim for medical expenses and then drop the claim when I raised that
> issue.
>
> That could potentially reduce the claim.
>
>
>
> On Wed, Sep 1, 2021 at 8:51 AM Dalynne Singleton <dalynne at glgmail.com>
> wrote:
>
> I received a creditor?s claim from DSHS in a probate for $201k showing
> charges from 2006 -2021 for a woman who had no income, no assets and
> qualified for Medicaid to pay her medical bills.  Strange the creditor
> claim is not filed as a ?lien?.
>
>
>
> Can someone point me to authority to claim this creditor claim dating back
> 15 years ? is there no enforced statute of limitations?  There are no
> assets but for being a beneficiary of potential wrongful death monies from
> the death of her son before her.  I?ve reviewed RCW 43.20B.080 and
> 41,05A.090 and WAC 182.527 and see no authority to get WD monies from an
> Estate ? but I?ve had a commissioner in the past take these WD monies which
> are not ?estate? probate assets and pay all kinds of Administrative and
> funeral expenses in an Estate (Pierce County case).
>
>
>
> Once the amount of WD monies are known, if this is a valid creditor claim
> which would take 100% or more, I anticipate filing a Notice of Insolvency
> but want to know other options.
>
> The WD monies are not estate assets by statute (RCW 4.20).  This estate
> was opened to receive wrongful death monies from the death of Ms. T.?s
> son.  The WD suit was in the son?s Estate but the mother is one of the
> beneficiaries and her estate was opened.  She is survived by 3 daughters
> who have claims to the WD monies outside of probate.  Potentially, this
> creditor will get 100% of the WD monies if I don?t do something about it.
>
>
>
> Anyone successfully argued DSHS gets -0- of the WD monies?
>
> I?d love to talk or exchange emails.  Thanks.
>
>
>
> Dalynne Singleton
>
> Gourley Law Group
>
> Snohomish Escrow
>
> The Exchange Connection
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
>
> 360.568.5065
>
> 360.568.8092  fax
>
>  <mailto:dalynne at glgmail.com> dalynne at glgmail.com
>
> Website:   <http://www.glglawgroup.com/> www.glglawgroup.com
>
> As we face the challenges presented by COVID-19, we have limited staffing
> in the office to maintain critical functions. Attorney/client meetings will
> be handled by teleconference or virtually whenever possible.  Be assured
> that we will continue to advise & support our clients throughout this
> health emergency.  If you would like to set a telephone conference, please
> call or email my paralegal  <mailto:theresa at glgmail.com>
> theresa at glgmail.com or  <mailto:dara at glgmail.com> dara at glgmail.com.
>
> LICENSED IN WASHINGTON AND OREGON
>
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> --
>
> Jackie Cyphers
> Jeannette A. Cyphers, Attorney at Law
> P. O. Box 908
> Edmonds, WA 98020-0908
>
> telephone 425-776-5887
> fax 425-640-0814
> jacyphers at gmail.com
>
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> ------------------------------
>
> Message: 2
> Date: Wed, 1 Sep 2021 23:18:24 +0000
> From: "Mike  Zeno" <mikez at zenolawfirm.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] voluntary dismissal of probate
> Message-ID:
>         <
> MWHPR18MB108870241EE79C51C2EA49B4B1CD9 at MWHPR18MB1088.namprd18.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> How does one go about voluntarily dismissing a probate?  Details/context:
> It was filed recently-PR appointed, letters issued-but that's all.  No
> appearances.  Intestate.  Sole asset a chose in action (decedent died while
> her PI claim was pending).  PR is decedent's mother.  No spouse or kids.
>
> Is there any reason I can't just voluntarily dismiss under CR 41?
>
> The Law Office of G. Michael Zeno, Jr., P.S.
> T:  (425) 947-8050   F:  (425) 947-8052
> 135 Lake Street S., Suite 257
> Kirkland, WA 98033
>
> Confidential/Privileged Communication: This email and any attachments are
> confidential, privileged and intended only for the intended recipient(s).
> Unauthorized disclosure, copying, distribution or use of this email is
> prohibited.  If you received this email in error, please notify me
> immediately so we can arrange for the message and documents to be returned
> and deleted. Thank you.
> IRS Circular 230 Disclaimer: Any tax advice provided in this communication
> (including attachments) is not intended or written to be used, and it
> cannot be used, by the recipient or any other taxpayer (i) for the purpose
> of avoiding penalties that may be imposed on the recipient or any other
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> ------------------------------
>
> Message: 3
> Date: Wed, 1 Sep 2021 23:59:25 +0000
> From: Eric Nelsen <eric at sayrelawoffices.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] voluntary dismissal of probate
> Message-ID:
>
> <098D0346993E6A48B0D5F184C0AB002E8AEBA8 at SBS2011.sayrelawoffices.local>
> Content-Type: text/plain; charset="us-ascii"
>
> I think a Motion to Dismiss is a route-or perhaps styled as "Motion to
> Cancel Letters and Close Probate Without Administration." But it's not CR
> 41 so much as the court's equitable authority to dismiss an unnecessary
> probate. From briefing I used a few years back:
>
> In probate, a lower court's decision to decline or accept jurisdiction "is
> a matter resting largely in the discretion of the court." Murphy v. Murphy,
> 42 Wash. 142, 149, 84 P. 646 (1906). The court has discretion to refuse to
> commence administration when there appears to be no need for one. In re
> Peterson's Estate, 137 Wash. 137, 241 P. 964 (1926). Even after one has
> been commenced, the court may revoke the Administrator's Letters "for the
> sole purpose of ending an unnecessary administration." Murphy at 150. The
> decision to appoint or remove a PR in general rests in the discretion of
> the court, and will not be disturbed in the absence of a clear showing of
> abuse of discretion. In re St. Martin's Estate, 175 Wash. 285, 289, 27 P.2d
> 326 (1933).
>
> I think it only works if the PR truly has no assets, nothing to deal with,
> and really hasn't achieved anything and no one has appeared and there's
> nothing that needs to be done.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
>
> Covid-19 Update - All attorneys are working remotely during regular
> business hours and are available via email and by phone. Videoconferencing
> also is available. Signing of estate planning documents can be completed
> and will be handled on a case-by-case basis. Please direct mail and
> deliveries to the Seattle office.
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Mike Zeno
> Sent: Wednesday, September 1, 2021 4:18 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] voluntary dismissal of probate
>
> How does one go about voluntarily dismissing a probate?  Details/context:
> It was filed recently-PR appointed, letters issued-but that's all.  No
> appearances.  Intestate.  Sole asset a chose in action (decedent died while
> her PI claim was pending).  PR is decedent's mother.  No spouse or kids.
>
> Is there any reason I can't just voluntarily dismiss under CR 41?
>
> The Law Office of G. Michael Zeno, Jr., P.S.
> T:  (425) 947-8050   F:  (425) 947-8052
> 135 Lake Street S., Suite 257
> Kirkland, WA 98033
>
> Confidential/Privileged Communication: This email and any attachments are
> confidential, privileged and intended only for the intended recipient(s).
> Unauthorized disclosure, copying, distribution or use of this email is
> prohibited.  If you received this email in error, please notify me
> immediately so we can arrange for the message and documents to be returned
> and deleted. Thank you.
> IRS Circular 230 Disclaimer: Any tax advice provided in this communication
> (including attachments) is not intended or written to be used, and it
> cannot be used, by the recipient or any other taxpayer (i) for the purpose
> of avoiding penalties that may be imposed on the recipient or any other
> taxpayer, or (ii) in promoting, marketing or recommending to another party
> a partnership or other entity, investment plan, arrangement or other
> transaction.  You should seek advice based on your particular circumstances
> from an independent tax advisor.
>
> -------------- next part --------------
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> ------------------------------
>
> Message: 4
> Date: Thu, 2 Sep 2021 00:29:36 +0000
> From: Dalynne Singleton <dalynne at glgmail.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] voluntary dismissal of probate
> Message-ID:
>         <
> BY5PR12MB5542184ACFBA80CD8821F8E6A5CE9 at BY5PR12MB5542.namprd12.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> Did you open so that the monies could be gotten from the PI settlement?
> You need to do what the minimum requirements in a probate are for WA
> before you dismiss if the PR used her authority given by the Letters/court
> in any way.
> If no monies came to the Estate from the PI settlement, then you can close
> by stipulation and order signed by the Court.
> I can provide a sample if you need one.
>
> Dalynne Singleton
> Gourley Law Group
> Snohomish Escrow
> The Exchange Connection
> 1002 10th Street / PO Box 1091
> Snohomish, WA 98291
> 360.568.5065
> 360.568.8092  fax
> dalynne at glgmail.com<mailto:dalynne at glgmail.com>
> Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
> As we face the challenges presented by COVID-19, we have limited staffing
> in the office to maintain critical functions. Attorney/client meetings will
> be handled by teleconference or virtually whenever possible.  Be assured
> that we will continue to advise & support our clients throughout this
> health emergency.  If you would like to set a telephone conference, please
> call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>
> or dara at glgmail.com<mailto:dara 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.
> [cid:image001.png at 01D79F56.EE794DD0]  [Rated by Super Lawyers] <
> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>
>       [cid:image003.jpg at 01D79F56.EE794DD0]  [No alt text provided for
> this image]
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Mike Zeno
> Sent: Wednesday, September 1, 2021 4:18 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] voluntary dismissal of probate
>
> How does one go about voluntarily dismissing a probate?  Details/context:
> It was filed recently-PR appointed, letters issued-but that's all.  No
> appearances.  Intestate.  Sole asset a chose in action (decedent died while
> her PI claim was pending).  PR is decedent's mother.  No spouse or kids.
>
> Is there any reason I can't just voluntarily dismiss under CR 41?
>
> The Law Office of G. Michael Zeno, Jr., P.S.
> T:  (425) 947-8050   F:  (425) 947-8052
> 135 Lake Street S., Suite 257
> Kirkland, WA 98033
>
> Confidential/Privileged Communication: This email and any attachments are
> confidential, privileged and intended only for the intended recipient(s).
> Unauthorized disclosure, copying, distribution or use of this email is
> prohibited.  If you received this email in error, please notify me
> immediately so we can arrange for the message and documents to be returned
> and deleted. Thank you.
> IRS Circular 230 Disclaimer: Any tax advice provided in this communication
> (including attachments) is not intended or written to be used, and it
> cannot be used, by the recipient or any other taxpayer (i) for the purpose
> of avoiding penalties that may be imposed on the recipient or any other
> taxpayer, or (ii) in promoting, marketing or recommending to another party
> a partnership or other entity, investment plan, arrangement or other
> transaction.  You should seek advice based on your particular circumstances
> from an independent tax advisor.
>
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> ------------------------------
>
> Message: 5
> Date: Thu, 2 Sep 2021 18:56:03 +0000 (UTC)
> From: Lisa Kay Mikkelson <mikkelsonlk at yahoo.com>
> To: WSBA Probate <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Testator/Testatrix Unable to Sign Name to Documents
> Message-ID: <413249540.2355005.1630608963054 at mail.yahoo.com>
> Content-Type: text/plain; charset="utf-8"
>
> Good Morning All,
>
> Has anyone had a client who could not hold a pen to sign updated estate
> planning documents???I reviewed RCWs 11.12.030, 42.45.070, and 64.08.100.?
> Using these statutes there was no problem with the QCD and REET Affidavit
> filed with the county.
> For the Will, DPOAs, and Health Care Directive, I plan to have an
> additional witness who will sign for my client on each document.
> I would greatly appreciate?any practical advice or issues any of you have
> experienced when using a signer for the testator/principal.?
>
> Thank you for your insights!
> Lisa Kay
> Lisa Kay MikkelsonMikkelson Law, PLLCMailing: PO Box 15147, Tumwater, WA
> 98511Office: 5757 Capitol Blvd SW, Tumwater, WA 98501Ph: (360) 786-8010Fax:
> (360) 754-1921mikkelsonlk at yahoo.com
> COVID-19 NOTICE: As we continue to navigate Covid-19, client meetings will
> be held by video or telephone whenever possible.? In-person meetings will
> be limited and require wearing face masks.? My top priority is for the
> safety of office personnel, clients, colleagues, family, and friends.?
> Thank you for your patience during this difficult time.
>
> CONFIDENTIALITY NOTICE: This email and any attachments may contain
> confidential and privileged information intended only for the recipient(s).
> Any review, reliance or distribution by others or forwarding without
> express??permission is strictly prohibited. If you are not the intended
> recipient, please notify me immediately by reply email, and??delete all
> copies of the email and its attachments, if any.
>
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> ------------------------------
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
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> End of WSBAPT Digest, Vol 84, Issue 3
> *************************************
>

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