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<p>Law Office of<br>
<strong>F.ANDREKITA SILVA</strong><br>
<strong>____________________________________________ </strong><br>
<br>
November 11, 2021<br>
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<br>
Amy,<br>
<br>
I’ve never had a situation like this. But, I think the first thing you have to do is pretend your PC is Mom. If Mom were still alive, would she have a cause of action and if so, how would she prove it? Strategically, would Mom try to set aside the entire property distribution or would the likelihood of success be greater if she focused on a particular asset?<br>
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A divorce action is extinguished if a party dies prior to entry of a final decree. However, a decree CAN be set aside pursuant to CR60. I don’t think it matters that one of the parties has died. It seems the estate could represent the deceased's interests and sue on their behalf.<br>
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If you wanted to set aside per CR60, which subsection would it be? For sections 1, 2, and 3, it has to be within one year. I assume you are alleging fraud? But how would this situation be any different from all those clients who go into a mediation without a lawyer, enter into a settlement, and six months later say “not fair, I was coerced.” Or, clients who don’t even bother to go to mediation, they just agree to whatever spouse puts in front of them?<br>
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I once had a parenting plan set aside almost a year after its entry. Husband was physically abusive and controlling, wife was unsophisticated and had moderate English language skills. She had never worked outside the home, had no issues of concern (like drugs, alcohol, mental health) but agreed decree gave Dad custody. The divorce decree wasn’t vacated but the parenting plan was. But, per washington law, abusive parties aren't usually awarded the primary care. <br>
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So, you would need facts egregious enough to set it apart from litigants who sit on their rights and later regret having done so. I think you'd have to prove actual fraud.<br>
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In your case, the person whose rights are in question is deceased and not available to provide information. So, how and where will you get your evidence?<br>
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When a quitclaim deed is executed a week after purchase, it doesn’t look good and in a divorce case, I scrutinize the situation pretty carefully. However, this isn’t always the result of coercion, etc. <strong><em>L</em><strong>e</strong></strong>nders require joinder. If the real property was purchased with stepDad’s separate funds, the quitclaim deed may have reflected the agreement/ recognition that it was H's separate property.</p>
<p> <br>
Has PC asked to establish a probate?<br>
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How does PC know if there are or aren’t assets?<br>
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In regards to the money that may be owed, does PC have access to his Mom’s financial statements? Can he ASK the stepdad if he paid the money owed?<br>
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Was there valid service of process in the divorce matter? If not, orders are void unless wife ratified.<br>
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When did this couple last live together and why wouldn’t son know where his mom was?<br>
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I think you also need ask enough questions that you can determine if PC doesn’t have the information needed to sue stepdad on behalf of the estate (for unpaid monies or for whatever PC thinks stepdad did or didn’t do) because he was an uninvolved son or because his mom really was a vulnerable adult whose communications were being restricted. Did PC regularly call or text Mom, but Mom was obtuse or unresponsive? If PC is really serious, PC should provide you all communications or other evidence PC has that support his version of the facts.<br>
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PC should be willing to pay you for your time to review whatever evidence he has.<br>
PC also needs to let you have direct communications with those who might be able to shed light on the situation- like stepdad. You need to gather up enough reliable information so that you can evaluate to decide if there are facts to support a claim for relief <em><strong>or</strong></em> if Mom sat on her rights. <br>
<br>
andrekita<br>
Law Office of F. Andrekita Silva<br>
1325 Fourth Avenue, Suite 2000<br>
Seattle, Washington 98101<br>
206-224-8288<br>
www.seattle-silvalaw.com<br>
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Quoting Amy Goertz <<a href="mailto:amyjgoertz@icloud.com">amyjgoertz@icloud.com</a>>:</p>
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<div><span style="font-size: 14px;">Hello,</span></div>
<div> </div>
<div><span style="font-size: 14px;">Funny I have another marriage-related question in the same week.</span></div>
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<div><span style="font-size: 14px;">Potential client’s mother was in an abusive marriage since the early 80s.</span></div>
<div><span style="font-size: 14px;">In 2004, the couple moved from California to Washington and purchased a beautiful lakefront home and five acres of land.</span></div>
<div><span style="font-size: 14px;">Client lives on the east coast and doesn’t have a lot of contact due to stepfather being very controlling.</span></div>
<div> </div>
<div><span style="font-size: 14px;">From time to time, client had to call police to do a wellness check when he was unable to reach his mother.</span></div>
<div><span style="font-size: 14px;">This past summer, he called adult protective services and let them know his mother was a vulnerable adult and was being exploited.</span></div>
<div><span style="font-size: 14px;">An investigation is still ongoing.</span></div>
<div> </div>
<div><span style="font-size: 14px;">Stepdad recently informed Client that he had divorced his wife online. </span></div>
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<div><span style="font-size: 14px;">Client located a divorce decree issued 7/20/20 from Wahkiakum County. The decree states that the husband will pay the wife some money, half the value of his business, and half of the checking account. Client doesn’t know if these things were paid, but the amounts described are significantly less than one-half of the home, acreage, vehicles, and substantial wealth accumulated during the marriage. Client also found a Quit Claim Deed signed by the mom giving the stepdad their marital home the day after it was purchased in 2004.</span></div>
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<div><span style="font-size: 14px;">Client ended up having to call the police to find out where his mom was - stepdad had placed her in a nursing home in Spokane.</span></div>
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<div><span style="font-size: 14px;">Now mom has passed away and seems to have no assets in her name. The nursing home says everything was given to the stepdad because the lease was in his name.</span></div>
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<div><span style="font-size: 14px;">Any thoughts on how to approach this? Is there any way to contest the division of marital assets a year after the decree was entered?</span></div>
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<div><span style="font-size: 14px;">Thanks in advance for any insights you may have -</span></div>
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<div><span><img apple-inline="yes" id="DFD3E038-07DA-4036-8EDA-29EB83A9F93C" src="cid:AMePhTAcl_zi-WIT33kwOjX@biz251.inmotionhosting.com"></span>
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<div><font face="Lucida Calligraphy"><i>Amy</i></font><br class="Apple-interchange-newline">
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<div><font face="Lucida Calligraphy"><i>Amy J. Goertz, J.D.</i></font></div>
<div><font face="Lucida Calligraphy"><i>Goertz & Lambrecht PLLC</i></font></div>
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<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;"><a href="mailto:amyjgoertz@icloud.com">amyjgoertz@icloud.com</a></div>
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<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;">1.888.926.2607 phone<br>
1.877.684.1627 fax<br>
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<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;">Address for correspondence:</div>
<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;">2829 S. Grand Blvd., Suite 303<br>
Spokane, WA 99203 </div>
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<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;">Additional office locations:</div>
<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;">510 Bell Street<br>
Edmonds, WA 98020</div>
<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;"> </div>
<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;">Goertz & Lambrecht PLLC</div>
<div style="word-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;"><a href="http://www.goertzlambrecht.com/">www.goertzlambrecht.com</a></div>
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