E-mail response from Mr. Ken Luce regarding my motion to produce a will.
Ken Luce <KenXXX@lucelawfirm.com> | Wed, May 18, 2016 at 11:55 AM |
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Heather,
I
have received copies of the documents you filed in Pierce County
16-4-00861-8. I believe you are requesting that it be determined that your
mother passed away without having a will. As I have indicated to you our
office did not prepare a will for your mother nor do we knowof her ever having
one. We prepared a Community Property Agreement that has been filed with the
Clerk. You have previously stated, in writing, that you have a
copy of her will and we have asked we be provided a copy but you have not
done so. I again make that request.
The proceedings that you have commenced are without merit and I request that you
dismiss them and that you notify me by noon on May 19th that you will do
so. If they are not I will move for imposition of CR11
sanctions.
A
Community Property agreement supercedes any will a person may have in place and
as previously explained to you all property separate and community is now part
of the surviving husband's estate. There is no need to have an adjudication of
intestacy or determination of heirs.
Kenyon E.
LuceLuce & Associates,
P.S.
Ken Luce, Attorney, Fife, Washington
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| Fri, May 20, 2016 at 4:20 PM |
To:
Ken Luce
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Mr. Luce,
I am just now in receipt of your e-mail.
Please extend me the courtesy to respond to you by Monday 23, 2016 5:00pm.
It
is my understanding no one is in possession of my mom's will. The will I
stated I have is actually my mother's mother's (my grandmother's) and
was mistaken.
Both
you and Zach told me in writing and verbally you had both my mom's most
recent original and a copy of her will. You also said you would mail me
a copy of my mom's will.
I will address all other concerns in separate e-mail by the date stated above.
Best,
Heather Mickelson
[Quoted text hidden]
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| Fri, May 20, 2016 at 4:31 PM |
To:
Ken Luce
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Dear Mr. Luce,
Thank
you for your email, I have now reviewed it. My current status with the
court is pro se so I hope you will communicate fairly with me as my own
counsel to resolve some issues.
I would agree
to strike the hearing currently set if we needed more time to arrive at
a mutually agreeable resolution. However, there are some issues with
this situation.
Apparently noone has a will for my mother. Therefore the finding of intestacy would be appropriate.
Because
international law is involved I am not convinced the agreement applies
to all property even if it were properly filed and executed.
I look forward to arriving at a resolution and avoiding any unnecessary litigation.
Yours truly,
Heather Mickelson
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Adding references to what is going on... not in any particular order -
May 9th, 2016 - My brother Erik left a voicemail on my sister's phone demanding I take down the video of the Fife Police outside of Mr. Ken Luce's office by 8PM. Around 8:45PM, he posted on his own Facebook page that he did not know my whereabouts, as if I was missing and needed help. Very odd. I wrote on my sister in law's Facebook page (Wendy Mickelson) I was in my home in Seattle at it was 10PM, my bedtime The next morning, I was certain to check-in to my own home on Facebook so my friends would know I was safe and highlighted the oddness of my brother's posting the night prior. Wendy, Erik, and Taylar (Wendy's daughter) have deleted me as a FB friend since. Odd, as I have not contacted any of them, with the exception to politely respond to their FB messages and to address my brother's fake concern I had gone missing.
August 19, 2014 - Response from Zachary Luce on my advisory that I will file my mom's community property agreement if he does not. Mr. Luce shows hesitation in filing, noting he needed to talk to my dad first and there was a filing fee.
April 25, 2016 - Confirmation from Zachary Luce the community property agreement has been filed, advising (although it has been over 4 years since she signed it) it was legally valid, even though they were not recorded.
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