[WSBAPT] Recourse for Letters mistakenly issued?

[Eric Nelsen]

So two heirs now, right, suviving spouse and decedent’s only child? If they are the only potentially “injured” parties by the issuance of the Letters, maybe get a consent/ratification signed by each of them confirming they want sis-in-law to act as PR and that they don’t object to the issuance of Letters on oath (and bond if any) that has already occurred. Then file that in the Court and I think it cures any potential irregularity.

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 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)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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