Wednesday, November 9, 2016

Request for Pierce County Resolution

Please review my request for a County Resolution on this matter, submitted today. All I want is for the Court to recognize that I am my mother's daughter. The negligence and corruption within the Pierce County Superior Court are appalling, but I continue to fight for justice.

Consulting attorneys often ask me, "Are you an attorney?" I respond, "No. I never wanted to be an attorney and never will be. I have never been part of a gang and have no desire to join one. I just want a fair resolution for my mother's last wishes."

Onward,
Heather
--

November 9, 2016

Mr. Kirk Stinger
Pierce County Risk Management
955 Tacoma Avenue South, Rm 302
Tacoma, WA 98402

Re:  September 8, 2016 Claim #16O-00703

Dear Kirk Stinger:

Pierce County has been unresponsive to my claim from September 9, 2016, #16O-00703.  The negligent acts committed by county employees has caused stress, anxiety, time off of work and financial losses. 

The issues I raise are still unresolved: destruction of public records, possible collusion inside the county clerk’s office, and obstruction of justice.   A lawsuit has been drafted against county employees: Colby Richards, Patricia McCarthy, Kevin Stock, Daniel Ladenburg, Karena Kirkendoll and Pierce County.  Unless we can come to a resolution before Friday, November 11, 2016, it will be filed in a county outside of Pierce County and your office will be served next week.

Documented evidence shows the county clerk’s office colluded with Luce & Associates via private communication through facsimile and as a result, a court order went missing.   On May 16, Commissioner Kirkendoll ruled in ex-parte court that my late mother passed intestate.  Kirkendoll submitted an amended declaration which included the name of my parent’s estate attorney, Luce & Associates.

On May 17th, the clerk communicated with Luce & Associates directly.  The May 16th intestate order subsequently disappeared and has since not been restored.  Commissioner Kirkendoll re-ruled I needed to take the legal advice from the same clerk who had already communicated with the opposing attorney.  The missing ruling still has not been reinstated.  It is a Class B felony to destroy public records.

On September 30, 2016, in attempt to restore the May 16th order, I experienced obstruction of public records while in Judge Cuthbertson’s courtroom.  Official court reporter Timothy Regis denied my request for court transcription because he felt the money order I sent him smelled like perfume.  I have now sent Mr. Regis a total of $640 and I still do not have the transcriptions. It is has now been five weeks since my initial request.

On October 3, I e-mailed Colby Richards for an update into this investigation.  He asked for the full 60 days to investigate the matter.  However, your office has passed its own deadline and has been unresponsive.  Mr. Richards is out of the office until next week and now bring this matter forward to Mr. Richard’s supervisor, Kirk Stinger.

It has been my sincere hope to resolve this matter outside of the courtroom.  A public lawsuit could disrupt the public confidence with elected officials and this is not my intent.  Specifically, the suit names Pierce County Superior court judge-elect Karena Kirkendoll and Washington State Auditor-elect Pat McCarthy.  My lawsuit is not intended to disrupt a public official’s office and reputation but to provide necessary closure to my late-mother’s estate. 

It would be much easier for the county to restore the missing order than deal with a lawsuit in a neighboring county.  If you believe we can resolve before this Friday, you may e-mail me at hmickelson2003@gmail.com.

Thank you for your attention to this matter and for your service to the public.

Sincerely,

Heather Mickelson
Daughter
Re In the Estate of Leeanna Ruth Mickelson
Cc: court file
Encl: Correspondence


Sunday, November 6, 2016

Meeting with Robert Mucklestone, Bar #109

Met with attorney Bob Mucklestone with Perkins Coie.  While he left me with more questions than answers, did tell me this:

-Dismissal of probate only occurs when someone is still living or when probate is open in another county. 

I'm left with these questions: 

Does an heir have standing to get a ruling of intestacy, even if a community property agreement exists? 

On May 16, 2016, probate opened should have closed in Pierce County and a Commissioner before Karena Kirkendoll when she signed an Order of intestacy regarding my late-mother who passed in May 2011 without a will. My father's attorney Anthony Taylor with Luce & Associates challenged the intestate ruling arguing 'Heirs have no standing to know whether their mother wrote will or not because of a community property agreement supersedes a will'.  To-date, there has been no ruling from the higher court with regards to the correct process to transfer separate property.

Does an intestate ruling supersede a community property agreement, with regards to separate property?

Without an intestacy ruling, there is no legal standing to claim any ownership on separate property.

The most experienced estate attorneys are perplexed to hear an Adjudication of Intestacy and Heirship order was being challenged and also found it strange a commissioner ruled to dismiss probate.  Apparently, a dismissal of probate only happens when the person is still alive (which is why they now require to file death certificates before opening probate).
It is up for revision before the Pierce County Superior Court presiding Judge Cuthbertson on November 18, 2016 (a motion to reinstate the order of intestacy).  Stay tuned.

Declaration of Kenyon Luce Fife Estate Attorney in Pierce County
Declaration of James Mickelson, CEO of Northwest Embroidery