[WSBAPT] Recourse for Letters mistakenly issued?

[Sarah Smith]

Hi Suzanne:

I also had this happen also recently – I prepared a motion to have the letters revoked which was signed and then proceeded with the hearing a few weeks later.

Additionally, I would motion to shorten time on your hearing and get on the emergency calendar for the house issue.  I did this last week for a similar matter and it worked quite well.

Hope that helps.

Sarah E. Smith, Esq.
MULLAVEY, PROUT, GRENLEY & FOE, LLP
2401 N.W. SIXTY-FIFTH ST
SEATTLE, WASHINGTON  98117
(206) 789-2511 ext. 1124
FAX:  (206) 789-4484
sesmith at ballardlawyers.com<mailto:sesmith at ballardlawyers.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Wednesday, November 2, 2022 9:28 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Recourse for Letters mistakenly issued?

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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