[WSBAPT] Trust going to China
YP Wang
yupwang at outlook.com
Tue Sep 26 22:36:06 PDT 2023
Hi Mark,
I may be able to help. I am qualified in both China and the US, was with Davis Wright Tremaine for more than 20 years working on cross-the-border planning.
Yuping Wang
WYP Law PLLC
Tel: 206 383 2826
Email: yuping at wyp-law.com
-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of wsbapt-request at lists.wsbarppt.com
Sent: Tuesday, September 26, 2023 4:26 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 108, Issue 54
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Today's Topics:
1. Re: Estate of Deceased Attorney (Rebecca King)
2. Seeking Probate/Estate Atty in New Mexico (Mehera Nori)
3. Nonprobate NTC Question (Kendel Froese)
4. Re: Seeking Probate/Estate Atty in New Mexico (Karen E. Boxx)
5. Client relocated (Diane J. Kiepe)
6. Trust going to China (Mark Vohr)
7. Changing venue of probate proceeding (Jeff at bellanddavispllc.com)
8. Re: Changing venue of probate proceeding (Eric Nelsen)
9. Re: Changing venue of probate proceeding
(Jeff at bellanddavispllc.com)
10. Re: Changing venue of probate proceeding (Bruce Moen)
11. Re: Nonprobate NTC Question (Elizabeth Bateman)
----------------------------------------------------------------------
Message: 1
Date: Tue, 26 Sep 2023 19:05:14 +0000
From: Rebecca King <rebecca at nwelg.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate of Deceased Attorney
Message-ID:
<SA2PR10MB4588AA28965DB888953DE7C4B3C3A at SA2PR10MB4588.namprd10.prod.outlook.com>
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I would recommend reaching out to Brent Williams-Ruth. https://www.williams-ruthlaw.com/ His office is in Federal Way and he does a lot of probate work.
Warmest regards,
Rebecca King
Attorney
Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544
http://www.nwelg.com/
Recognized for Providing Services in Elder Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Monday, September 25, 2023 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate of Deceased Attorney
Colleagues,
I am assisting a family with locating an attorney or firm to handle the probate of their deceased brother, a solo practitioner who practiced out of his home in Federal Way. I have someone in mind but would like to additional options, just in case. As I understand it, there are two roles - the probate proceeding and winding down the deceased attorney's law firm. There are some attorneys/firms who are willing to handle both, while others aren't. If you know of anyone who practices in this area, please let me know. Please also indicate, to the extent you know, whether the attorney/firm is willing to handle the probate and the winding down of the law firm.
Thank you in advance!
Best regards,
[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131 http://www.fordhamlegal.com/<http://www.fordhamlegal.com/>
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Message: 2
Date: Tue, 26 Sep 2023 12:30:12 -0700
From: Mehera Nori <mehera at pridelawpllc.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Seeking Probate/Estate Atty in New Mexico
Message-ID:
<CALVJVZ0Un=Moajk2QTfaMuDCK47y5wZ8-nWkPci7DhqOQe3Gmw at mail.gmail.com>
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Listmates,
Client's mom passed away suddenly over the weekend. She was a resident of Albuquerque, NM (Bernalillo County) and my client is looking for a New Mexico probate/estate attorney to assist.
Please share any and all referrals. Thanks in advance!
*Mehera Nori, Esq. *
she | her | hers
*Pride Law, PLLC*
5600 Rainier Ave S, Suite C-206
Seattle, WA 98118
206.395.5578
info at pridelawpllc.com
http://www.pridelawpllc.com/
*CONFIDENTIAL:* Emails and attachments received from us may be protected by the attorney-client privilege, as attorney work-product or based on other privileges or provisions of law. If you are not an intended recipient of this email, do not read, copy, use, forward or disclose the email or any of its attachments to others. Instead, immediately notify the sender by replying to this email and then delete it from your system. We strictly prohibit any unauthorized disclosure, copying, distribution or use of emails or attachments sent by us.
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Message: 3
Date: Tue, 26 Sep 2023 13:29:07 -0700
From: Kendel Froese <kendel at thrivelawpllc.com>
To: "WSBA Probate & Trust Listserv" <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Nonprobate NTC Question
Message-ID:
<CA+wSTeV7ouLv2zgBansRHf+V9ODkeyOyCuF5uxf6UJTp_Ye=Hg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Hi all:
A potential client's husband recently passed away. They don't own any real estate, any banking assets were owned by them jointly, and their children are children in common. The husband had a life insurance policy on which he designated the surviving spouse as beneficiary. The wife found about $20k of credit card debt that the husband took out that she was previously unaware of. There are also some medical bills from the decedent's illness.
A couple questions:
(1) If the decedent and the surviving spouse had joint banking, are half of those assets available to his creditors?
(2) I don't see a reason to open probate, because there are no assets that need to be moved from the decedent to the surviving spouse. Is this a situation in which a Nonprobate Notice to Creditors might be a good idea?
(3) But, if life insurance is the only asset (assuming a "no" answer to my
Q#1 above), is a Nonprobate Notice to Creditors needed? I understand wanting to cut off any claims, but it seems a little strange to publish a notice while knowing all claims will be rejected.
Thank you in advance for your wisdom!
Warmly,
Kendel
--
Kendel Froese
Attorney, Froese Law PLLC <https://www.froeselawpllc.com/>
203 N. Washington | Suite 200 | Spokane, WA | 99201
509.514.5317 (Call & Text)
Instantly schedule an appointment with me here <https://calendly.com/froeselawpllc>!
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Message: 4
Date: Tue, 26 Sep 2023 21:09:39 +0000
From: "Karen E. Boxx" <kboxx at uw.edu>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Seeking Probate/Estate Atty in New Mexico
Message-ID: <792B8419-0CFE-4B11-B9DC-AE096169C548 at uw.edu>
Content-Type: text/plain; charset="utf-8"
Try these:
Cristy Carbon-Gaul
THE LAW OFFICE OF CRISTY J. CARB?N-GAUL
David Finlayson
Finlayson Law Firm P.C.
7301 Jefferson St NE Suite F
Albuquerque, NM 87109
Phone: 505-373-3500
Fax: 505-373-3501
David A. Finlayson david at willsandtrustsnm.com<mailto:david at willsandtrustsnm.com>
Marjorie Rogers
[image008.png]
Professor Karen E. Boxx
University of Washington School of Law
Box 353020
Seattle, WA 98195-3020
206.616.3856
Sent from my iPad
On Sep 26, 2023, at 12:31 PM, Mehera Nori <mehera at pridelawpllc.com> wrote:
?
Listmates, Client's mom passed away suddenly over the weekend. She was a resident of Albuquerque, NM (Bernalillo County) and my client is looking for a New Mexico probate/estate attorney to assist.? Please share any and all referrals.?
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Listmates,
Client's mom passed away suddenly over the weekend. She was a resident of Albuquerque, NM (Bernalillo County) and my client is looking for a New Mexico probate/estate attorney to assist.
Please share any and all referrals. Thanks in advance!
Mehera Nori, Esq.
she | her | hers
Pride Law, PLLC
5600 Rainier Ave S, Suite C-206
Seattle, WA 98118
206.395.5578
info at pridelawpllc.com<mailto:info at pridelawpllc.com>
http://www.pridelawpllc.com/<https://urldefense.com/v3/__http://www.pridelawpllc.com__;!!K-Hz7m0Vt54!m7wtMfcYUU3M5RN8uH_AZkozmoaBMIWDWZO_Dh6C6H1E6M1jmt1LlPrGp1dXuE0oBlab8ASASAW6mmTKeA$>
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Message: 5
Date: Tue, 26 Sep 2023 21:57:28 +0000
From: "Diane J. Kiepe" <DJKiepe at depdslaw.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Client relocated
Message-ID: <EA69B0C0-AF70-4322-ACB4-494F3B38827A at depdslaw.com>
Content-Type: text/plain; charset="utf-8"
Hello looking for referrals for a client who relocated to NC Area below- any guidance is appreciated
We?re close to Mooresville, Troutman, Huntersville, Denver, Statesville. Anywhere around Lake Norman. Zip is 28166. Thx again.
Sent from my iPhone
------------------------------
Message: 6
Date: Tue, 26 Sep 2023 22:20:22 +0000
From: Mark Vohr <mcv at ohanafc.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust going to China
Message-ID:
<DM6PR13MB40980C1EDD9DEF6A0504C6C0A1C3A at DM6PR13MB4098.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Hoping to help the PI bar. Have a Chinese National who has a large injury settlement (beneficiary). Her daughter, who lives in China, is her Agent under a DPOA. Daughter wants to move mother (bene) back to China. The Washington courts have jurisdiction over the settlement funds and, along with the SGAL must consider SPR 98.16W. Ohana being considered as trustee, but attorney for bene (the PI lawyer) is not in favor of setting up a US based trust for someone moving to China to be looked after by Chinese daughter in China, which I can understand.
I'm a bit out of my depth here, but it seems to me that the family needs to speak with an attorney here in the US who is fluent in Chinese trust law. Of perhaps an attorney in China who can figure this all out. Any thoughts?
Regards,
Mark
Ohana Fiduciary Corp.
A Washington Chartered Trust Company
Mark C. Vohr, J.D., CPGC, Principal
155 NE 100th St., Suite 209 Seattle, WA 98125
T: (206) 782-1189 F: (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com> http://www.ohanafc.com/<http://www.ohanafc.com/>
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Message: 7
Date: Tue, 26 Sep 2023 15:30:55 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Changing venue of probate proceeding
Message-ID: <012f01d9f0c9$1dc6c980$59545c80$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
Listmates:
Probate started in a county completely unrelated to the decedent's county of passing, other than the matter was filed where the estate attorneys are located. PR obviously blessed the move for tactical reasons, although PR resides in county of decedent's death as are all other heirs but one ( who also wants the matter moved). What is the process to move the proceeding?
Do you go under RCW 4.12.030? I could not find anything in the probate code dealing with moving a proceeding. Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com <http://www.bellanddavispllc.com/> http://www.bellanddavispllc.com/
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
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Message: 8
Date: Tue, 26 Sep 2023 22:44:30 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Changing venue of probate proceeding
Message-ID:
<SA1PR05MB78884831F153FC686B37F5E0DDC3A at SA1PR05MB7888.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
RCW 11.96A.050(4)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.050>.
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>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, September 26, 2023 3:31 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Changing venue of probate proceeding
Listmates:
Probate started in a county completely unrelated to the decedent's county of passing, other than the matter was filed where the estate attorneys are located. PR obviously blessed the move for tactical reasons, although PR resides in county of decedent's death as are all other heirs but one ( who also wants the matter moved). What is the process to move the proceeding? Do you go under RCW 4.12.030? I could not find anything in the probate code dealing with moving a proceeding. Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
http://www.bellanddavispllc.com/<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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Message: 9
Date: Tue, 26 Sep 2023 15:48:38 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Changing venue of probate proceeding
Message-ID: <02b501d9f0cb$976d2480$c6476d80$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
Thanks Eric
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> http://www.bellanddavispllc.com/
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Tuesday, September 26, 2023 3:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Changing venue of probate proceeding
RCW 11.96A.050(4) <https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.050>
.
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>
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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, September 26, 2023 3:31 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Changing venue of probate proceeding
Listmates:
Probate started in a county completely unrelated to the decedent's county of passing, other than the matter was filed where the estate attorneys are located. PR obviously blessed the move for tactical reasons, although PR resides in county of decedent's death as are all other heirs but one ( who also wants the matter moved). What is the process to move the proceeding?
Do you go under RCW 4.12.030? I could not find anything in the probate code dealing with moving a proceeding. Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> http://www.bellanddavispllc.com/
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
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Message: 10
Date: Tue, 26 Sep 2023 22:53:04 +0000
From: Bruce Moen <brm at moenlaw.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Changing venue of probate proceeding
Message-ID:
<MW4PR04MB72838C8303D8CD605BAAE85FBBC3A at MW4PR04MB7283.namprd04.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
11.96A.050.
Bruce Moen
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com <Jeff at bellanddavispllc.com>
Sent: Tuesday, September 26, 2023 3:30 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Changing venue of probate proceeding
Listmates:
Probate started in a county completely unrelated to the decedent?s county of passing, other than the matter was filed where the estate attorneys are located. PR obviously blessed the move for tactical reasons, although PR resides in county of decedent?s death as are all other heirs but one ( who also wants the matter moved). What is the process to move the proceeding? Do you go under RCW 4.12.030? I could not find anything in the probate code dealing with moving a proceeding. Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
http://www.bellanddavispllc.com/<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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Message: 11
Date: Tue, 26 Sep 2023 23:26:16 +0000
From: Elizabeth Bateman <Elizabeth at batemanlawgroup.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Nonprobate NTC Question
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Generally credit card debt taken out during the marriage is community debt, in which case the entire community property estate (including survivor?s half) can be used to satisfy the debt. See RCW 11.10.030. Joint bank accounts can absolutely be subject to creditors (see RCW 11.18.200), though the life insurance would be exempt. I suppose if the credit cards were taken out without her knowledge and were used solely for separate expenses and not used for community expenses you could make the argument that it is separate debt, but the decedent?s portion of the community property is still reachable. I personally would probably file a probate, provide/publish notice to creditors, and petition the court for an award of family support/award in lieu of homestead under RCW 11.54.010.
Elizabeth G. Bateman
Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
900 SW 16th Street, Suite 120
Renton, WA 98057
Office: (206) 224-0900
Cell: (425) 444-9946
Website: http://www.batemanlawgroup.com/<http://www.batemanlawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kendel Froese
Sent: Tuesday, September 26, 2023 1:29 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Nonprobate NTC Question
Hi all:
A potential client's husband recently passed away. They don't own any real estate, any banking assets were owned by them jointly, and their children are children in common. The husband had a life insurance policy on which he designated the surviving spouse as beneficiary. The wife found about $20k of credit card debt that the husband took out that she was previously unaware of. There are also some medical bills from the decedent's illness. A couple questions:
(1) If the decedent and the surviving spouse had joint banking, are half of those assets available to his creditors?
(2) I don't see a reason to open probate, because there are no assets that need to be moved from the decedent to the surviving spouse. Is this a situation in which a Nonprobate Notice to Creditors might be a good idea?
(3) But, if life insurance is the only asset (assuming a "no" answer to my Q#1 above), is a Nonprobate Notice to Creditors needed? I understand wanting to cut off any claims, but it seems a little strange to publish a notice while knowing all claims will be rejected.
Thank you in advance for your wisdom!
Warmly,
Kendel
--
Kendel Froese
Attorney, Froese Law PLLC<https://www.froeselawpllc.com/>
203 N. Washington | Suite 200 | Spokane, WA | 99201
509.514.5317 (Call & Text)
Instantly schedule an appointment with me here<https://calendly.com/froeselawpllc>!
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