[WSBAPT] Probat Issue

Diane J. Kiepe DJKiepe at depdslaw.com
Tue Nov 21 15:57:14 PST 2023


I did a probate with a presumed death by drowning when no body was recovered.  We did not wait the statutory period (I think it's years) because the surviving spouse had to use the insurance money to live on.  Similar to below we pulled police report, had some declarations, and I feel like there was something else.  I think the best you can do is get your declarations, set forth in the petition that you believe the person (in this case both) are deceased based on the following........


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com
509-455-5300
Please note that I will be out of the office starting December 4, 2023 until approximately December 18, 2023 for medical reasons, with little to no email for the initial few days.  If you need immediate assistance, please call 509-455-5300 and ask for Sandy Saty.  

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Tuesday, November 21, 2023 3:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probat Issue

I have successfully used a homicide detective's declaration under a similar circumstance but that may not work for some assets such as federal benefits payable on death-  Shannon

Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com
campbellbarnettlaw.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, November 21, 2023 3:39 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probat Issue

We have been requested by the family of a husband and a wife, who were murdered, and the perpetrator has been arrested and is in custody and charged with murder. However, the bodies of the victims have not been recovered in light of those circumstances and proof of what is known Justify the institution of probate proceedings Without a death certificate. RCW 11.05A.050 gives some guidance just inquiring has anyone had this issue before and how was it handled.


Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

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