[WSBARP] To Probate or to TEDRA

[Jim Doran]

Hello Probate and TEDRA Attorneys:

I do not know if I should do a probate in this situation or file a TEDRA
Petition.  Any suggestions will be appreciated.

I have a situation where the mother, who had been in a court appointed
guardianship, has passed away.  The daughter will not come forward with a
Will.  The son is pretty sure that there is a Will.  The daughter will not
respond to any calls, letters or even a knock on her door.  She is hiding.
There are substantial assets.  Some were frozen in the guardianship but the
son is afraid that the daughter is spending the unprotected funds.

Do I open an intestate probate action and bring on a show cause hearing for
the daughter to produce the Will and to give an accounting?  Or is this
better done in a TEDRA Petition?    There is no real property.  Can the
show cause be done in the TEDRA action?

What is the better way to proceed?

Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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