[WSBAPT] Hello/responses appreciated asap please

Jane Bitz jbitz at whc-attorneys.com
Wed Mar 1 11:00:25 PST 2023


Roger: Yes! No prior notice of the petition. I think it must be that provision in the statute that is allowing these under the radar probates to be opened.
Jane.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Tuesday, February 28, 2023 4:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Hello/responses appreciated asap please

Jane: I think you mean without PRIOR NOTICE to the heirs.???

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 Jane Bitz
Sent: Tuesday, February 28, 2023 4:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Hello/responses appreciated asap please

These stories are a bit hair-raising!

When a person passes and is intestate and more than 40 days have elapsed since the person passed away, it is my understanding that "anyone" can start a probate without notice to the heirs of the decedent.

If we are involved in an intestate situation, we make sure to file the Petition (with appropriate notice and waivers by the other heirs) ASAP.
Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wolffandhislop.com%2F&data=05%7C01%7C%7Ceb08f877746045c5fb1e08db19eef269%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638132286294352073%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cCgCBr2Dbo4E8Za3hlWjS5v%2BjY%2FVqEALxlQJV%2B7Zjn4%3D&reserved=0>


[signatureLogo][cid:image002.png at 01D94C2D.01452BD0][cid:image003.jpg at 01D94C2D.01452BD0]

THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.



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 3:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Hello/responses appreciated asap please

Not a flipper but not a disinterested party either!!!! It's no wonder attorneys are not well liked.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jonathan Smith
Sent: Tuesday, February 28, 2023 2:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Hello/responses appreciated asap please

There is usually a home flipper involved too.

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

[Logo for email]<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadvantagelegalgroup.com%2F&data=05%7C01%7C%7Ceb08f877746045c5fb1e08db19eef269%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638132286294508285%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7KTM%2BZ44tgZZ%2F2wxUuRaq9hc1olLqYSSfiNmuQg7EXA%3D&reserved=0>
12207 NE  8th Street
Bellevue, WA 98005

This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally privileged.  This information is confidential and is intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Legal Advice Disclaimer: You should recognize that responses provided by this email means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion.  A formal opinion could reach a different result. This communication does not create an attorney-client relationship.
[cid:image005.gif at 01D94C2D.01452BD0][cid:image006.jpg at 01D94C2D.01452BD0]

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 Dalynne Singleton
Sent: Tuesday, February 28, 2023 2:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Hello/responses appreciated asap please

I had one of these come up with Hood Canal home/real property and what was worse was that I had opened probate in King County with a daughter of decedent and provided notice for a hearing to the other children.  In the meantime, she gets wind of an attorney on the other side of the water who opened probate and wanted to appoint himself as Admin. with a realtor to sell the home.  NO NOTICE was given to my client, a daughter of the decedent.  I called the attorney on what I perceived to be unethical behavior of his not notifying the actual heirs/family of the decedent, and told him if he didn't immediately close his probate, I would inform the court at the hearing of what he had done.  He had provided NO NOTICE to the family whom he knew existed.   He went into ex parte immediately and closed his probate but I now know to watch for this type of behavior.

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<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.glglawgroup.com%2F&data=05%7C01%7C%7Ceb08f877746045c5fb1e08db19eef269%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638132286294508285%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=UEF76ZUDW63zIBepMLpNNmU8LEPzKeg1oanfW9FZCNU%3D&reserved=0>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, Microsoft teams or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or dominika at glgmail.com<mailto:dominika at glgmail.com>.

LICENSED IN WASHINGTON
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:image007.gif at 01D94C2D.01452BD0]   [No alt text provided for this image] [cid:image009.png at 01D94C2D.01452BD0]

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 Jonathan Smith
Sent: Tuesday, February 28, 2023 11:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

[Logo for email]<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadvantagelegalgroup.com%2F&data=05%7C01%7C%7Ceb08f877746045c5fb1e08db19eef269%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638132286294508285%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7KTM%2BZ44tgZZ%2F2wxUuRaq9hc1olLqYSSfiNmuQg7EXA%3D&reserved=0>
12207 NE  8th Street
Bellevue, WA 98005

This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally privileged.  This information is confidential and is intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Legal Advice Disclaimer: You should recognize that responses provided by this email means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion.  A formal opinion could reach a different result. This communication does not create an attorney-client relationship.
[cid:image005.gif at 01D94C2D.01452BD0][cid:image010.jpg at 01D94C2D.01452BD0]

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4728 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 13930 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4882 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 5252 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.gif
Type: image/gif
Size: 4747 bytes
Desc: image005.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image005.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 4035 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.gif
Type: image/gif
Size: 6419 bytes
Desc: image007.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image007.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 3827 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image008.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 5410 bytes
Desc: image009.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image009.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.jpg
Type: image/jpeg
Size: 4032 bytes
Desc: image010.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230301/1cd12591/image010.jpg>


More information about the WSBAPT mailing list