[WSBARP] To Probate or to TEDRA

[Jim Doran]

Ok.  Interesting.  My client was appointed as the "Standby Guardian" of the
person and estate.  Since the primary guardian will not respond to anything
and is hiding the Will one could make the argument that RCW 11.88.150 will
confer jurisdiction on the standby.  I'll look over the statutes.  Any
further comments are welcome.

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

On Tue, Mar 14, 2017 at 10:46 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> Yes, I think start as a new probate. There is  a procedure for converting
> a guardianship to an Estate, RCW 11.88.150
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.88.150>, but that's only
> if the Guardian is going to act as Administrator.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Jim Doran
> *Sent:* Tuesday, March 14, 2017 10:17 AM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] To Probate or to TEDRA
>
>
>
> 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 <(360)%20393-9506>
>
> 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
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *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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