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.
Odor! Odor! Odor in the Court! Court reporter Timothy Regis rejects a request for his court transcription due to a smell of perfume. Court already stinks and this denial letter sure smells fishy. Tim Regis is the Court Reporter for the Pierce County Presiding Judge Frank Cuthbertson.
My Google Map images on Pierce County Superior Court hit over 100,000 views today! I am personally proud to know, that by sharing pictures online, the public can see our public court system online. I encourage others to add to this collection by taking their own pictures.
In other landmark events, on September 30, 2016, I went before the Presiding Judge Frank Cuthbertson by myself. He ridiculed me as a pro-se attorney and I reminded him that the Pierce County Bar Association could not provide an attorney referral due to the nature of going against Ken Luce, a former judge, city attorney, and prosecutor. Unless he court ordered me to hire an attorney, I remain pro-se. Ken Luce and Anthony Taylor were absent. Cuthbertson was unprepared to hear my case which the clerk did not properly note on the docket. Thus, Cuthbertson asked for me to reschedule in November and I have. Until then, there is a restraining order on selling any of my late-mother's assets, including Casa Molly home in Cabo San Lucas in the Santa Carmela housing development. Thank you all for your support.
1/7/17 update - my pictures have now reached 350,000 views!!! Woohoo!!
Pierce County Executive, Pat McCarthy, appoints Class B Felons to the County Clerks office (Kevin Stock and Daniel Ladenburg). McCarthy is unfit to serve the public as Washington State Auditor.
Monday, September 5, 2016
Letter from Mr. Al Rose on Pat McCarthy's letterhead. We recorded our conversation with Mr. Rose and advised we would upload it for public reference. He said we could not do that because he is NOT A PUBLIC OFFICIAL. If he doesn't work for the people, who is Al Rose and why is he using our elected official's letterhead and writing letters? Is he a lawyer? Who pays his salary? Has anyone done a background check on him?
UNIMPRESSED meeting Pat McCarthy, Pierce County Executive and CORRUPTION within County Council, who bills at $25,384 an hour, per council member.
Citizens outraged McCarthy allows destruction of public records.
Background: On May 16, 2016, I obtained a court ruling my late-mother passed away without a will. The county clerk shredded the order. Ms. McCarthy appointed the clerk and is directly responsible for any negligence. Her attorney, Mr. Al Rose, stated that the action of destroying government property is within the law because an audio transcription still exists and that I will never get a meeting with her, ever.
2016 County Council Members smiling to make $25,000+ an hour.
Public outrage against County Executive Pat McCarthy
It is under Patricia McCarthy's leadership and management who single handily can fix this shredding of the document, no one else. I have been before the presiding judge, county counsel, attorney general, court of appeals, who have all referred me back to the executive who refuses to meet with me.
McCarthy, "Incompetent"
Tuesday, August 23rd - The weekly County Council started at 3:00PM and commenced at 3:05PM. Since each of the 7 members makes $111,000 annually, when working at only 5 minutes a week, they earn $25,384 per hour. Curious on this high paying career, I followed the counsel members down to the 7th floor, Executive Offices, to see what was going on. The etched window allowed me to peak inside to see the elected officials: Rick Talbert, Doug Richardson and Pat McCarthy meeting with businessmen.
I watched out of mere curiosity and was approached by three sheriffs demanding I leave and I replied, "Sure, if you can tell me what law I am breaking." They responded for "interrupting a meeting". I then whispered back, "Officers, you are being loud and the ones interrupting a meeting. I haven't said a word nor interrupted any meeting." Silence. I continued to watch while the 3 sheriffs stood across the hall staring at me the entire time I watched (creepy). Meanwhile, in the women's restroom, there were now signs already placed that stated "PAT MCCARTHY END THE CORRUPTION UNDER YOUR LEADERSHIP" and "YOU SHOULD BE FIRED KEVIN STOCK, COUNTY CLERK". The sheriffs were men so they would not see the signs, unless they were transgender and used the women's restroom. My friend Michael ran to grab my video camera and when he returned and saw the 3 sheriffs announced he was going to the men's restroom and walked by us and never returned. Joey said he'd check on Michael but I didn't want to be alone with these 3 sheriffs staring at me; their glances and stares were, quite frankly, disgusting. I went with Joey and when my friend was not in the men's restroom, we decided to take the secret elevator down to the 1st floor to continue the search for him. On the 1st floor, he was still nowhere in sight. Yet, oddly, same sheriffs from the 7th floor appeared now on the 1st floor looking for me and my dog. They approached me to tell me the secret elevator was only for prisoners and not public use. I thanked them for the information and agreed to not sneak out of the 7th floor like that again.
Scooter the Mini Schnauzer dressed up like a prisoner.
So, it was time to go back to the 7th floor to look for our friend who disappeared. The sheriff insisted he go on the elevator with us (the correct elevator of course). When we arrived back to the 7th floor, the meeting had concluded and members were dispersed throughout the floor. The signs from the women's restrooms were being taken from the restroom to Ms. McCarthy's office directly. The sheriff called my name twice, "Heather..Heather", I was very afraid I would be arrested for littering, leaving my beloved signs in the restroom. The sheriff was very nice and said if I wanted a meeting with Ms. McCarthy to go now and it only be me (and my dog Scooter). I entered the meeting room and it was herself and possibly her assistant Colleen, however she never identified herself. I told them how I have taken 3 1/2 MONTHS off of work. I explained my situation - the clerk shredded an order, my mother passed away and is now missing because the county allowed her to be removed before pronouncing her passed. She coldly responded, "Let me look into this." I did ask her for a personal opinion, under her leadership did she think it was OK for a clerk shred government documents, reminding her it was a felon. She looked perplexed and spouted out, "Well, there's two sides to every story." Complete idiot. I also asked her to clarify the end of life law in Pierce County and to figure out why a citizen does not need to be medically pronounced dead before they are taken away to the funeral home. Again, perplexed and clueless look as a response. Pat McCarthy oversees a $1 billion budget and is responsible for the lives over nearly 1 million citizens. She cost a citizen 3+ months from work and still no answers due to negligence under her leadership. McCarthy is unfit for the Washington State Auditor's position. Her opponent, Mark Miloscia, is much more qualified: intelligent, transparent, and honest. I called him on a Saturday once and he answered his phone on the 2nd ring and talked to me for 5 minutes.
A citizen with such concern in Pierce County should never have to wait so long to get answers and still have no answers at the time of writing this. I was unimpressed with her demeanor as she seems part of this establishment. Her husband, John McCarthy, is a former Superior Court Judge and she is a career politician. Anyhow, that is how I finally got my 5 minutes with Ms. McCarthy, apparently the Pope of Pierce County and nearly impossible for a citizen to ever meet her in real life. And if you never meet her, do not worry, you are not missing much.
1/7/17 Update - In attempt to repair her reputation, she created this piece of propaganda before leaving. My own opinion may be found in YouTube's comments. And for the record, she never called me back before she left office.
2016 annual report of the Pierce County Superior Court.
I have been before the Pierce County counsel now 4 times to expose the negligence within the clerk's office, they have done nothing. I will not stop. The Pierce County executive, Patricia McCarthy is directly responsible and in my opinion, unfit for the Washington State Auditor position. She kept appointed Kevin Stock in office when she took over years ago - no background check, no oath of office, just business as usual. I tried to once call Mrs. McCarthy and my call was intercepted by her attorney Al Rose who told me she is way too busy for me and will NEVER take my call. Wow. Please hand me a box of kleenex. Where is McCarthy? I've been in the courthouse for 3 months straight and have never seen her. Is she in the Bahamas with her retired judge husband collecting a $177,000 paycheck and letting the lawyers run the county? Anyhow, aside to some cheating from my dad's attorney, Ken Luce, I have been winning overall:) . I have been assigned a real judge finally (before they gave me a judge who was retired) and this new judge happens to be the presiding judge of the entire county and considered very fair among the public. The Honorable Frank E. Cuthertson will rule on the shredding of a ruling (reinstate star decisis) which the matter is also in tandem with now before the Court of Appeals.
Have I won yet? Yes, because I have made it this far. I have exposed corruption, educated the public in transparency (such as
the ability to film in courts with Glik v. Cuniff), and even sat on the
law library's Board of Trustees meeting as one of two citizens to ever
attend one of their meetings. There are many changes that can take
place to better the community and provide a fair and just system for us
all. It's going to take a lot more than just myself and my voice. It
is all of our voices, collectively, that can stand up and take back court.
Ps. Commissioner Mary Dicke was appointed, never elected. Her husband, Jeffrey Robinson, a Gig Harbor attorney, appears to be a very wealthy attorney in the county owning 100's of properties possibly on the ability to swoop up property from the same estates Dicke rules on to dismiss (they hide the marriage of Dicke and Robinson in the public eye).
PPS. Another side development, Hill Funeral home in Puyallup picked up my mother on May 1, 2012 with my own father pronouncing her passing, no hospice nurse nor doctor. Terry Davies, funeral director stated he is a 31st degree Freemason. Since my dad is a 32nd degree mason, Mr. Davies had no other choice then to take orders from my dad who was higher up in the hierarchy to literally kidnap my mom before she was legally pronounced as passed away. Disgusting.
Here's some other appearances before the council:
Ruling to Dismiss on June 17th, 2016. At 2:19, Mr, Ken Luce, from Luce & Associates states his office policy is to use blue ink on original documents; black is a copy. The judge ruled to allow me to see the "Original", which was provided with some hesitation by Luce and showed only my dad and notary in blue - my mom's is in black.
KEN LUCE: As long as we're still on the record, your Honor, the policy in our office is to assign different color ink so we know the difference between the original and a copy.
HEATHER MICKELSON: May I just peek at it? Ok, so my mom's is in black and my dad is blue and the notary is in blue.
Fife police intimidation outside Luce & Associates office after Mr. Luce advised they had the original and a copy of my late-mother's will. Their official response now is my mom doesn't have a will.
I then filed for a motion to produce a will in Pierce County Superior Court based on the legal advice of the county clerk, Lu Scott. I was court ordered to listen to the advice of a clerk, not law library.
What brought all this about? Ken Luce told me he'd mail me a copy of my mom's will and never did. He now states he never executed her will.
On May 16, 2016, attorney Zac Luce emailed me that he was in possession of my mom's original will in the morning ...
Then Zac only has a copy of her will. That afternoon, his dad Ken Luce says he will mail me a copy of her will. Later that afternoon, Zac says he does not have a copy of her will.
E-mail response from Mr. Ken Luce regarding my motion to produce a will.
Litigation 4 messages
Ken Luce <KenXXX@lucelawfirm.com>
Wed, May 18, 2016 at 11:55 AM
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
Fri, May 20, 2016 at 4:20 PM
To:
Ken Luce
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]
Fri, May 20, 2016 at 4:31 PM
To:
Ken Luce
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
--
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.
Happy Mother's Day at Casa Molly, Santa Carmela, Cabo San Lucas! In honor of Leeanna Mickelson whom left this beautiful home to her four children, give a shout of gratitude and appreciation to our mother we loved so dearly.
What did we do to celebrate her life? We sang a couple Australian songs, such as Tie Me Kangaroo Down Sport and made margaritas singing to Jimmy Buffet. We jumped in the pool and soaked up the sun honoring the life of an incredible person.
Here's to you Mom! Cheers! Love, your daughter Heather Jean
Ps. Good News Mom! Pierce County Superior Court Commissioner Clint Johnson ruled to PROTECT Casa Molly from dad trying to sell it as his own. Check out the Restraining Order from June 8, 2016 and is still in effect today. xoxo :)
Happy Mother's Day at Casa Molly, Santa Carmela, Cabo San Lucas! In honor of Leeanna Mickelson whom left this beautiful home to her four children, give a shout of gratitude and appreciation to our mother we loved so dearly.
