[WSBAPT] Representation for trust beneficiary

Cindy Wysocki Cindy at wysockilaw.com
Fri Jun 13 12:57:12 PDT 2025


Hello,

I am looking for an attorney to help two young adult who are the beneficiaries of a trust that was set up after their mother passed while they were minors.  A family member is the trustee and has not been forthcoming about the terms of the trust.  If you may be able to help these clients, I will pass long your name.

Thanks,

Cindy

Check out our latest blog post: https://www.wysockilaw.com/blog



[cid:65401a83-bfdb-416a-82af-8528305619df]

Cindy Wysocki, Attorney

Principal at Wysocki Law, PLLC



Email: cindy at wysockilaw.com  |  Office: 206-407-4045

Website: www.wysockilaw.com<http://www.wysockilaw.com>

1201 Pacific Avenue, Suite 600

Tacoma, WA 98402



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Subject: WSBAPT Digest, Vol 129, Issue 11

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Today's Topics:

   1. RCW 11.88.150 (2) (Dewey Weddle)
   2. Re: RCW 11.88.150 (2) (deborah at neillaw.com)
   3. Re: RCW 11.88.150 (2) (Dewey Weddle)


----------------------------------------------------------------------

Message: 1
Date: Thu, 12 Jun 2025 17:54:43 +0000
From: Dewey Weddle <dwweddle at msn.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] RCW 11.88.150 (2)
Message-ID:
        <MW3PR11MB4747885EC40056C8B3F2DA46CD74A at MW3PR11MB4747.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="iso-8859-1"

Esteemed colleagues,

Before the UGA was enacted, it was possible to transform a guardianship case into a probate case using RCW 11.88.150 (2).  On the new pattern forms it is possible (by checking the appropriate box) to have the Court issue Letters Testamentary or Letters of Administration, but looking at the UGA, there does not seem to be legal authority for doing so.  I am trying to transform a guardianship into a probate, but the Court will not issue Letters until I can provide the legal authority, essentially telling me that I need to open probate under a new cause number. Am I missing something, or is this just another reason to dislike the UGA?


Best regards,


Dewey


Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221


Telephone: 360-293-3600

Fax 360-293-3700


CONFIDENTIALITY NOTICE: The information contained in this e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you.
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Message: 2
Date: Thu, 12 Jun 2025 11:26:01 -0700
From: "deborah at neillaw.com" <deborah at neillaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.88.150 (2)
Message-ID: <8E210E5D-DD41-4B40-A4B7-EE19C60A79D7 at neillaw.com>
Content-Type: text/plain; charset="utf-8"

Dewey,

See RCW 11.130.550(2) (2) If forty days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent's estate. The conservator shall give notice of his or her appointment and the pendency of any probate proceedings as provided in RCW  11.28.237 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237> and shall also give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative.


Deborah Jameson| Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | deborah at neillaw.com <mailto:deborah at neillaw.com>
(253)475-8600 | f:(253)473-5746

This email address is not monitored at all times. If your matter is urgent, please phone my office.
Also, this message is not encrypted, therefore it may not be secure. This message and attachsents are confidential and may contain information that is privileged. If you are not the intended recipient, please notify the sender at once by email or call 253-475-8600 and delete this message completely from your information system. Further use, disclosure, or copying of information contained in this email is not authorized, and receipt by anyone other than the named recipient is not a waiver of any attorney-client, work product, or other applicable privilege; or other confidentiality protections.

> On Jun 12, 2025, at 10:54?AM, Dewey Weddle <dwweddle at msn.com> wrote:
>
> Esteemed colleagues,
>
> Before the UGA was enacted, it was possible to transform a guardianship case into a probate case using RCW 11.88.150 (2).  On the new pattern forms it is possible (by checking the appropriate box) to have the Court issue Letters Testamentary or Letters of Administration, but looking at the UGA, there does not seem to be legal authority for doing so.  I am trying to transform a guardianship into a probate, but the Court will not issue Letters until I can provide the legal authority, essentially telling me that I need to open probate under a new cause number. Am I missing something, or is this just another reason to dislike the UGA?
>
> Best regards,
>
> Dewey
>
> Law Office of Dewey W. Weddle, PLLC
> 909 7th Street
> Anacortes, WA 98221
>
> Telephone: 360-293-3600
> Fax 360-293-3700
>
> CONFIDENTIALITY NOTICE: The information contained in this e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you.
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Message: 3
Date: Thu, 12 Jun 2025 18:58:08 +0000
From: Dewey Weddle <dwweddle at msn.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.88.150 (2)
Message-ID:
        <MW3PR11MB4747023D7AFAB333B9AC29BDCD74A at MW3PR11MB4747.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Deborah,

You are marvelous!  Thank you so much.


Kindest regards,


Dewey

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of deborah at neillaw.com <deborah at neillaw.com>
Sent: Thursday, June 12, 2025 11:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.88.150 (2)

Dewey,

See RCW 11.130.550(2) (2) If forty days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent's estate. The conservator shall give notice of his or her appointment and the pendency of any probate proceedings as provided in RCW  11.28.237<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237> and shall also give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative.


Deborah Jameson| Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | deborah at neillaw.com<mailto:deborah at neillaw.com>
(253)475-8600 | f:(253)473-5746

This email address is not monitored at all times. If your matter is urgent, please phone my office.
Also, this message is not encrypted, therefore it may not be secure. This message and attachsents are confidential and may contain information that is privileged. If you are not the intended recipient, please notify the sender at once by email or call 253-475-8600 and delete this message completely from your information system. Further use, disclosure, or copying of information contained in this email is not authorized, and receipt by anyone other than the named recipient is not a waiver of any attorney-client, work product, or other applicable privilege; or other confidentiality protections.

On Jun 12, 2025, at 10:54?AM, Dewey Weddle <dwweddle at msn.com> wrote:

Esteemed colleagues,

Before the UGA was enacted, it was possible to transform a guardianship case into a probate case using RCW 11.88.150 (2).  On the new pattern forms it is possible (by checking the appropriate box) to have the Court issue Letters Testamentary or Letters of Administration, but looking at the UGA, there does not seem to be legal authority for doing so.  I am trying to transform a guardianship into a probate, but the Court will not issue Letters until I can provide the legal authority, essentially telling me that I need to open probate under a new cause number. Am I missing something, or is this just another reason to dislike the UGA?

Best regards,

Dewey

Law Office of Dewey W. Weddle, PLLC
909 7th Street
Anacortes, WA 98221

Telephone: 360-293-3600
Fax 360-293-3700

CONFIDENTIALITY NOTICE: The information contained in this e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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