[WSBARP] To Probate or to TEDRA

[Jim Doran]

Thank you Eric.  One more thought.  since there is a Superior Court
guardianship matter already in place, can we use that case as the means to
move this into a probate?  I've never done anything like that and I assume
a new probate case file will be needed and probably easier than hassling
with the Clerk's Office.

Jim


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

On Mon, Mar 13, 2017 at 12:09 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I would be inclined to get son appointed as Administrator-PR and use that
> as authority to demand accounting, etc., and turnover of all estate assets
> to the PR. If you know where bank accounts are, you probably could get an
> order directing the banks to turn over all funds to the PR. If the Will
> shows up, fine; but if not, you are already a step ahead in authority to
> act. The TEDRA route leaves you with only discovery authority, no means to
> control assets, etc.
>
>
>
> May be some more avenues in the Guardianship action, too. If daughter was
> guardian, there's maybe a bond, and she would have a duty to account to a
> PR.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
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>
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>
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>
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>
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>
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> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Jim Doran
> *Sent:* Monday, March 13, 2017 11:53 AM
> *To:* WSBA Real Property Listserv
> *Subject:* [WSBARP] To Probate or to TEDRA
>
>
>
> 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 <(360)%20393-9506>
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
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