[WSBAPT] Venue Issue

[tjw at w3net.net]

My only advice is don’t give up, this stuff happens over the course of a
practice. Dig in and file a response arguing good cause against change of
venue and fight it. If you lose then file a motion for revision. As Winston
Churchill said, Never ever give up. So some research around good cause for
a PR to stay in the county of choice and a declaration from PR. Doesn’t
have to be long, just compelling.



RCW 11.96A.050

Venue in proceedings involving probate or trust matters.

(4) Venue for proceedings pertaining to the probate of wills, the
administration and disposition of a decedent's property, including
nonprobate assets, and any other matter not identified in subsection (1),
(2), or (3) of this section, must be in any county in the state of
Washington that the petitioner selects. A party to a proceeding may request
that venue be changed if the request is made within four months of the
mailing of the notice of appointment and pendency of probate required by
RCW 11.28.237, and except for good cause shown, venue must be moved as
follows:



Good luck, Tom



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



324 West Bay Drive NW, Suite 201

Olympia, WA 98502

(360) 866-4000 phone

(360) 866--3832 fax

www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
on behalf of Amy Goertz <amyjgoertz at icloud.com>
*Sent:* Monday, July 15, 2024 11:16:31 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Venue Issue



Good Morning,



I filed a TEDRA Petition, set a hearing on it. The opposing counsel
responded with an untimely Motion to Change Venue and asked the court to
hear his Motion first. The attorney then failed to confirm his motion. At
the hearing, the court took my original matter “under advisement” and is
now considering his stricken motion to change venue. I think the judge just
wants to get this case off the docket. I have until Friday to respond.



For the record, I don’t believe opposing counsel is on this list serve as
this is not his primary area of practice.



The parties and the real property at issue are in the outlying county where
they want to move this matter, but we do not believe my client will be
treated fairly there as the other attorney and clients are entrenched in
the local legal community and know everyone there.



Does anyone have any suggestions or any briefing or is this just a lost
cause?



Thanks in advance. This case and this attorney are seriously making me
contemplate giving up my practice.



Amy



*Amy J. Goertz, J.D.*

*Goertz & Lambrecht PLLC*

amyjgoertz at icloud.com



1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:

2829 S. Grand Blvd., Suite 303
Spokane, WA 99203



Additional office locations:

510 Bell Street
Edmonds, WA 98020



Goertz & Lambrecht PLLC

www.goertzlambrecht.com
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