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