Pierce County Superior Court, back at it again.

March 15, 2024, Latest update regarding my late mother's probate dismissed w/ prejudice. Attorney Kenyon Luce is wanting to re-open it. Since making this video, Pro Tem Commissioner Kevin Boyle and Commissioner Mark Gelman both have recused themselves do to conflicts with Luce & Associates.  The new hearing date is tentatively scheduled the second week of April, 2024. 

Community Property Agreements in Washington State

Dear Representative Nicole Macri,

As a Washington State Citizen, am concerned about community property agreements (CPA) serving as a will substitute,  when they lack the same statutory requirements as a will.  CPAs are a sham, since witnesses aren’t required, nor does an attorney need to be present, nor does an attorney need to draft it, nor does it ever consider children, nor does it need to ever be recorded.... all of these issues open up a growing concern to question the validity of a CPA as one’s actual intent, one’s last wishes, after they pass away.  

CPAs are always one sided: they give a spouse COMPLETE “ownership” of the other spouse’s everything when one passes away, waiving rights of any blood-related children. A CPA can by-pass one’s actual and valid last will and testament altogether.  

In an era of the #METOO generation,  the WA law of CPAs from over 130 years ago has got to be revised, at minimum, if not abandoned altogether. More regulation needs to be required so that the statutory requirements of a CPA mirrors that of a will.  

Why is it that Washington State is one of the last states that still honors a CPA, when it’s not even honored nor recognized federally, nor internationally?

I thank you kindly for your consideration to revise the laws of CPAs. If I may be of further assistance, please do not hesitate to contact me at HJELBenedict@gmail.com or 253-209-7434. 

Best regards,

Heather Benedict

#METOO

Again: 

The issue to address is that in Washington State, a community property agreement (RCW 26.16.120) can legally replace a will and dismiss an entire probate. 

Recently, the Washington State courts refused to determine - did my late mother pass away intestate (without a will) or not. They ruled: it doesn’t matter - if she had a will because if she had a CPA, a CPA trumps a will. 

For Estate planning, an attorney can have a client simultaneously sign both a will and a community property agreement (CPA). When their client passes, the attorney can decide which one to come forward with. If an attorney wishes to conceal a will, they legally can because case law states a CPA trumps a will.  

The courts have sanctioned a child, an heir, for asking for a ruling of intestacy.  Was there a will? An opposing attorney has been awarded over $30,000 in attorney’s fees, now garnishing wages for a child just asking: “Did my Mom have a will?”

The CPA statute falls under real property and not probate, yet doesn’t have the same requirements as a will. A CPA doesn’t require two witnesses to be present nor does it need to be recorded. 

Attached: COA ruling, my brief, an attorney’s response, and child’s reply

Read case law of my late-mother, in re the Estate of Leeanna Ruth Mickelson. 

769553 Respondent.pdf

769553 Appellant.pdf

769553 Appellant's Reply.pdf

https://housedemocrats.wa.gov/legislators/nicole-macri/

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Washington State Community Property Agreement

Dear Rep. Chopp, 

As a WA State Citizen, am concerned about community property agreements (CPA) serving as a will substitute: CPAs lack the same statutory requirements as a will, ie. having 2 witnesseses present at signing, ability to question the validity within probate court, ability to include children. Only a surviving spouse benefits in a CPA. My issue is in Washington State, a community property agreement (RCW 26.16.120) legally replaces and bypasses a will. Yet, it disregards WA law: it’s a felon to conceal a will for more than 40 days after one’s passing. A CPA gives a spouse full “ownership” of their spouse and is nearly impossible to revoke while in hospice. In this #metoo era, this has got to be changed. WA is one of the last states to even recognize a 130+ year old law. Recently, the Court of Appeals Div I upheld a ruling that a child is not even entitled to know whether their late-parent had a will or not if there is a CPA. Ref: Estate of Leeanna Ruth Mickelson (my late-mother).

RESPONSE:You have requested a response from Representative Frank Chopp

Reply from Senator Jaime Peterson: 

Dear Ms. Benedict --

Thanks for your message and for sharing your concerns regarding communityproperty agreements.  Community property, by its nature, is "background law" that can always be changed by agreement of the parties.  It does not substitute for a will (or intestate succession); it merely determines what property is part of an estate.  In some cases that could favor the surviving spouse, but in others it could favor the children and the surviving spouse might have agreed to let all property pass to the kids.

It is also not unusual to have transfers of substantial property without the same formalities as a will; for example, 401(k) accounts and life insurance policies typically have beneficiary designations that require no witnesses and certainly are not recorded.

In any case, I think it is fundamental that the authority of the property owner to decide what happens with his or her property must be preserved, as well as the right to privacy about those decisions.  So I would be very hesitant to make changes in this area.

Best wishes, Jamie


Senator Jamie Pedersen 
43rd Legislative District 
jamie.pedersen@leg.wa.gov 

Olympia Office 
JAC 235
P.O. Box 40443
Olympia, WA 98504-0443
(360) 786-7628

District Office
1200 12th Ave. S, Suite 801
Seattle, WA 98144
(206) 729-3206

Legislative Assistant 
Penka Jane Culevski
penka.culevski@leg.wa.gov

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-----Original Message-----
From: HJELBenedict@gmail.com<HJELBenedict@gmail.com> 
Sent: Monday, October 15, 2018 9:54 PM
To: Macri, Rep. Nicole <Nicole.Macri@leg.wa.gov>
Cc: Pedersen, Sen. Jamie <Jamie.Pedersen@leg.wa.gov>; Chopp, Speaker Frank <Frank.Chopp@leg.wa.gov>
Subject: Constituent Email RR: - CommunityProperty Agreements- Need for Regulation 

HOUSE INTERNET E-MAIL DELIVERY SERVICE

SENATE INTERNET E-MAIL DELIVERY SERVICE

TO:  Nicole Macri

CC:  Jamie Pedersen,
        Frank Chopp

FROM: Heather Benedict (Constituent)

STREET ADDRESS:
3206 Harvard Ave E Unit 213
Seattle, WA 98102

E-MAIL:  HJELBenedict@gmail.com

PHONE:  (253) 209-7434

SUBJECT:  Community PropertyAgreements- Need for Regulation 

MESSAGE:

Dear Representative Nicole Macri,
As a Washington State Citizen, am concerned about community propertyagreements (CPA) serving as a will substitute: they lack the same statutory requirements as a will. - no witnesses aren’t required, nor does an attorney need to be present, nor does an attorney need to draft it, nor does it ever consider children, nor does it need to ever be recorded.... The issue to address is that in Washington State, a community property agreement (RCW 26.16.120) can legally replace a will and dismiss an entire probate.  A CPA can bypass one’s valid will and biological children to give a spouse full “ownership” of their deceased spouse. In the #metoo era, this has got to be changed. WA is one of the last states to even recognize a 130+ year old law. 

RESPONSE REQUESTED:  Heather has requested a response to this message.

I miss my Mom

For the past five + years, everyday, I wonder, where did my Mom go?  Every day,  I miss her. Where are her ashes? Attorney Ken Luce said her ashes were mixed upon his cigar smoke and ashes with no way to determine the difference with her creamatory ashes.  Ken Luce, her probate attorney, whom she trusted her with her life, gave her final resting place in a smothering good bye in an astray and the comment “the hell with her, James, you’ve got it all” - 

 LeeAnna Ruth Mickelson passed away peacefully on  May 1, 2012, survived by Gale, Heather, Scott and Erik.

Happiness is a Warm Puppy

Things that make me smile.

As the holidays are here, wanted to share a doodle of my dog, Scooter, that I sketched as he looked over me to comfort, stand guard, protect, during a hard time.  Scooter is a mini schnauzer and has served as an incredible support over the past six years.  Since adopting him as a puppy, at about the same time my mom was diagnosed with terminal cancer, Scooter has provided much support and strength.  Thanks Scoots for keeping life goofy, real, fun, real fun, really goofy, sincere, genuine and honest. 

Benedict History: Einstein to Sagan

My mom Leeanna Ruth Mickelson Benedict speaks with astrophysict Carl Sagan.

My grandpa, Anthony Gorman Benedict, youngest to be accepted to Cal Tech in the 1930’s and considered a genius.  Once stumped Einstein and the later was proved true ;-) 
I met w Cal Tech professors this summer of 2017 who unanimously proclaimed my grandfather was correct in his question and Einstein wrong. The proposed question later led to the discovery of the Richter Scale as we know today to measure earthquakes.  The modern analysis of this letter from the most brilliant minds at Cal Tech - the same ones whove discovered Planet 9 recently. My gpa and mom were both badass Benedicts.  #benedict #einstein  #sagan 

Commissioner Carlos Velategui yells that the opposing party is "Finished" when they are not even present.

July 26, 2017, King County Superior Court Probate hearing with Washington State Attorney Kenyon Luce #3081 before Commissioner Carlos Velategui in ex parte probate court.  Commissioner thinks microphone is off at the end and tells Mr. Luce that, by his award of $24,654,01, that the heir to the estate cannot proceed any longer in court, "She's finished".

Starting at 12:16:

COURT: Oh, the clerk will give you the times on this so that should wish you to order up a CD for $25 bucks from the clerk upstairs you'll have it on the revision motion that I'm sure she's going to attempt to file.

LUCE Thank you your Honor

COURT: You're welcome.  So, she can file a motion for revision and she can file a notice of appeal, which I can't prevent her from filing, but at least in terms of motions in these courts, I've decided that she's finished.

Background: My late-mother visited Luce & Associates law firm on November 3, 2011 with the intent to write a will; she was terminally sick and her doctor ordered that she get her affairs in order.  Four years after her passing, an alleged community property agreement surfaced and was then recorded; no heirs have been able to inspect the original instrument.  She was an heir to a large estate prior to her marriage which remained separate property and is still separate today (State of Colorado Treasury is reporting unclaimed funds of her separate property).  I attempted to get a ruling of intestacy, the short form of probate, twice and was dismissed.  Therefore, under Commissioner Velategui's own direction, filed to open up proper probate, provided notice to all heirs, there were no objections, and received letters of testamentary.  Two months following this award, Luce & Associates law firm disputed this award and asked the Court to appoint the surviving spouse.  There was no objection by any party.  The matter under revision before Judge Ruhl was to compel compliance mediation - to get it out of the court system- and Judge Ruhl denied to hear the argument. It is Luce & Associates who is accumulating their own attorney fees by bringing the matter to the courts when all other parties which to resolve in private mediation.  The award of over $24,000 did not include any type of itemized statement but did include attorney fees to respond to a bar complaint back in July 2016; these fees were never taken out on the record (the $256 was from 2017).

How can an attorney be awarded this amount of money by an heir by doing no work?  His client was not even awarded the Letters of Testamentary until August 14, 2017; therefore he had no standing to bring this motion forward at all.  He continues to be negligent and has not sent out the Notice of Appointment either.

The members of the Washington State Judicial Commission must take action to ensure the impartiality in our courts and that a fair probate can be had in the Washington State Courts.

Please protect the citizens of Washington State from the abusive tactics going on in our court system today, behind closed doors.  Thank you, Heather

Leaders on the Board of Washington State Judicial Commission = Please take heed to this abuse of judicial power: J. Reiko Callner, Executive Director, ROBERT H. ALSDORF, RYAN ARCHER, SHERRY APPLETON, JOSEPH G. BELL, FRANCES BESSERMIN, RICHARD CARLSON, JOHN ERLICK, GEORGE FEARING, LARRY D. GOLDBERG, E.J. JUÁREZ, CONNIE MICHENER, LIN-MARIE NACHT, RUTH E. REUKAUF, ELIZABETH RENÉ, JERRY ROACH, MARGARET VAIL ROSS, JEAN RYCKMAN, JOHN W. SLEETER, JUDIE STANTON, MICHAEL J. TATe, JAMES VERELLEN, DOROTHY WEBSTER,  J. Reiko Callner, Executive Director. (360) 753-4585 rcallner@cjc.state. wa.