[WSBAPT] Hello/responses appreciated asap please - thanks in advance

Tue Feb 28 15:15:24 PST 2023

Jonathan, thanks for your note.

The unique spin here is that the petition says no heirs but then the attorney for petitioner sends a letter to the heir saying sorry for the loss of your father.....appointment was 2/17 letter dated 2/21.

In case anyone is wondering, I have sent an e-mail to the attorney telling the attorney to tell the client to cease acting as representative of the estate and voluntarily resign.  I am guessing I won't hear from the attorney so I also need to set a motion.

Candy Mann, along those lines, thanks for your insights - I was leaning pro se because it seems so cut and dry but you gave me pause for consideration.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jonathan Smith
Sent: Tuesday, February 28, 2023 11:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Hello/responses appreciated asap please - thanks in advance

FYI,

I am have seen similar situations in Western Washington.

There are a lot of intestate real property situations where there is no apparent heirs so a real estate agent will scout deceased names then check out any real property, to see if here is any occupancy.  If not and no heirs step forward the attorney will  step in file for probate in Ex Parte, assign PR, who then lists the real property for sale with the agent, and then disposes of any personal property of the estate in the home. They pay the attorneys their fees then the agent makes the commission for selling the property, plus any income from the personal property disposition. If an heir steps forward during this process, they drop everything and back off. Seems shady.

I have no idea of this legal or ethical.  Are they just filling a need or is here another way intestate estates should be handled?

Jonathan Smith
Attorney at Law
(425)452-9797 Tel
(425)440-7681 Fax

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Tuesday, February 28, 2023 11:30 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Hello/responses appreciated asap please - thanks in advance

A probate was opened by an individual purporting to be a friend and business connection to decedent.  Individual had an attorney.  Petition indicated no heirs; there is in fact an heir (a daughter) and the attorney even noted, condolences on the death of your father in sending her the Notice of Appointment (SMH).  No notice on hearing was sought for non-intervention powers.  Daughter is willing and able to serve and I think the original petitioner may face claims from the estate for vulnerable adult issues.

I plan to file a motion to remove (in the meantime asking to step down but not hopeful) and want to set it Ex Parte because it literally should take only moments.  Anyone know a reason why ex parte would not be appropriate.

Thanks in advance - what is wrong with people?!

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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