[WSBAPT] Recourse for Letters mistakenly issued?

Suzanne Lieberman suzanne at cmslawfirm.com
Wed Nov 2 09:28:02 PDT 2022


Hello,

We have a client whose sole heir (son) was thought to be missing when we
filed to open an intestate probate last week. We were proposing decedent's
sister-in-law act as Administrator (parents deceased; both siblings too ill
to serve). We initiated an heir search for the heir and set the probate for
hearing (early December hearing date).

In the meantime (over the weekend). sole heir was not only found, his mom
was found to be still married to decedent. Wife is also seriously ill and
is fine with sister-in-law serving. Yesterday the court issued Letters to
our client/sister-in-law despite our hearing request and despite the fact
that we hadn't yet updated the court on the mom and son's whereabouts.

Was the issuance of Letters done in error and if so, assuming we have a
duty to notify the court? How? Or can we proceed with the Letters as issued
and cancel the hearing? Our client still wants to serve as Administrator
and wife / sister-in-law is fine with that. Time is of the essence because
decedent / seller passed away in the middle of a property sale and realtor
cannot extend closing more than 1 month. The only asset is the house.

Would greatly appreciate any feedback here.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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