July 26, 2017 Hearing before Commissioner Velategui - Concerns About Fairness in Probate Court in King County Superior Court

On July 26, 2017, during a King County Superior Court probate hearing, Washington State Attorney Kenyon Luce (#3081) appeared before Commissioner Carlos Velategui in ex parte probate court. At the end of the hearing, believing the microphone was off, Commissioner Velategui told Mr. Luce that by awarding him $24,654.01, the heir to the estate could no longer proceed in court, stating, "She's finished."

Transcript starting at 12:16:

COURT: "Oh, the clerk will give you the times on this so that should you wish to order up a CD for $25 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, intending to write a will as her doctor advised her to get her affairs in order due to her terminal illness. Four years after her passing, a purported community property agreement surfaced and was recorded, yet no heirs have inspected the original document. My mother was an heir to a large estate prior to her marriage, which remained separate property, and is still separate today.

I attempted to get a ruling of intestacy twice, seeking the short form of probate, but was dismissed after being signed and no will was ever produced, noting the Piece County intestate order from 5/16/16 is res judicata, when not asking for letters of administration.  Following Commissioner Velategui's direction in now seeking letters of administration, I filed to open proper probate, notified all heirs, received no objections, and was granted letters of administration and transferred the property under separate beneficial designation and filed the accounting with the court. Two months later, Luce & Associates disputed this award and requested the court to appoint the surviving spouse. Despite no objections, Judge Ruhl, during the matter under revision, denied the argument to compel compliance mediation.

Luce & Associates continues to accrue attorney fees by bringing the matter to court, whereas all other parties prefer resolving it through private mediation. The award of over $24,000 lacks an itemized statement and includes fees related to responding to a bar complaint from July 2016, which were never officially recorded.

Concerns:

Unjust Financial Award: How can an attorney be awarded such an amount for doing no substantive work? His client was not awarded the Letters of Administration until August 14, 2017 

Negligence: Mr. Luce has failed to send out the Notice of Appointment.

Commentary on the Judicial Function of Law Libraries

"The law library board performs a judicial function. It has since the bar was formed. In the days before computers, judges went to the law library to find the law.

Law libraries were the primary means by which law was dispersed to the people and where judges found the legal precedents they needed for their work.

In Lewis County, law libraries were behind closed doors, located on the second floor of the historic courthouse, and administered exclusively for judges and members of the bar. This was the judicial function they served.

Today, with computers providing access to legal information, many young lawyers have never experienced the necessity of going to a law library. However, the purpose of the law library was to ensure that judges and the bar had access to the law, fulfilling a critical judicial function."

Glenn J. Carter, WSBA #33863, Lewis County Prosecuting Attorney's Office, Hupy v. Lewis County, May 19, 2017

Quote can be found starting at 11:29

John Kenney & Associates, PLLC confirms 5 year partnership with Ken Luce Law Firm

John Kenney & Associates, PLLC confirms 5 year partnership with Ken Luce Law Firm.  

###

Thank you for contacting John Kenney & Associates, I regret that our firm will not be able to assist you in this matter. As our firm was partnered with Ken Luce’s firm for 5 years we have a conflict of interest.

Regards,

Jayne M. Cribbs

Legal Assistant

John Kenney & Associates, PLLC

​360-850-1049

jaynec@kenneylawfirm.com

Please note: The best time to reach me is between the hours of 9:00 AM and 2:00 PM

 
IMPORTANT NOTICE TO E-MAIL RECIPIENTS
 
1. The information contained in this e-mail and accompanying attachments constitute confidential information which may be legally privileged and is intended for the sole use of the addressee.  If you are not the intended recipient of this information, any disclosure, copying, distribution or the taking of any action in reliance on this information is strictly prohibited and may be unlawful.  If you received this e-mail in error, please notify us immediately by return e-mail.
2.  This e-mail transmission may not be secure and may be illegally intercepted.  Clients are asked to use their best judgment in determining whether the topic of an e-mail response is such that it would be better saved for a more secure means of communication.
3.  The sender believes that this e-mail and any attachments were free of any virus.  However, by reading this message and opening any attachments, the recipient accepts full responsibility for taking remedial action regarding any viruses or other defects.

  

From: DONOTREPLY@mycase.com[mailto:DONOTREPLY@mycase.com] 
Sent: Tuesday, June 14, 2016 11:40 PM
To: Jayne Cribbs <jaynec@kenneylawfirm.com>
Subject: New submission from Case Evaluation

Message   Would like to arrange a 1/2 hour legal consultation with Mr. Kenney regarding managing my mom's probate (Pierce County). Thank you! About Donald “John” Kenney Mr. Kenney has eighteen years experience helping various clients such as families, individuals, and business owners with legal issues ranging from estate planning, asset protection, to wealth preservation and transfer, tax minimization and more. The firm is located by the scenic waterfront in Poulsbo, Washington. A much sought after expert, Mr. Kenney is the author of several articles on a variety of topics and has presented nearly a hundred seminars throughout the country to audiences of potential clients as well as his contemporaries in the legal and tax field. Mr. Kenney serves as a Commander in the US Navy JAG Corps (Reserve Component). He serves as a Pro Tem Municipal Court Judge for the City of Poulsbo. He has also been a guest instructor, teaching military justice for the University of Washington Navy ROTC program for twelve years. Education University of Washington – School of Law, LL.M., Taxation, 2004 University of Utah – College of Law, J.D. 1997 Brigham Young University – B.A., 1993 Bar Admissions Washington State Bar Association State Bar Association of Arizona Utah State Bar Association Federal District Court, Western District of Washington Professional Activities Member – WealthCounsel Past President – Kitsap County Estate Planning Council Board Member – Harrison Medical Center Foundation Board Member – Bremerton Historic Ships Association Board Member – Greater Poulsbo Chamber of Commerce Board Member – Blanket Coverage, The Richard Sherman Family Foundation Legal Assistance to Military Personnel Section – Washington State Bar Association John Kenney & Associates, PLLC serves the following locations: Poulsbo, Kingston, Bainbridge Island, Silverdale, Bremerton, Port Orchard, Shelton, Gig Harbor, Seattle, Tacoma, Kitsap County, King County, Jefferson County, Clallam County, Mason County, Pierce County, Thurston County, Snohomish County and the entire Puget Sound region. « Back to Attorneys Page

A Story of Friendship and Unexpected Blessings

This is an incredible story I wanted to share (actual names have been changed for privacy).

My friend Carlie from work (Angel's mom, the cute puppy) and I go walking every afternoon with our dogs. We've become good friends, talking about everything. She listens to my stories about the pains and challenges I've faced in court, often reminding me of my strength and expressing her admiration.

Recently, Carlie has been struggling financially. Last week, she confided in me about how embarrassed she felt for not having enough money and needing to borrow from her ex to pay rent. Despite brainstorming ways to help her, like loans from her 401K, we couldn't find a solid solution.

This morning, Carlie joined me for our usual walk, but she was unusually excited. An attorney had called her to inform her that she was named an heir to part of the Dayton estate, which was finalizing probate. Carlie had almost forgotten about her connection to the Dayton family, as her father had distanced himself from them and had since passed away. Her aunt, however, insisted during probate that Carlie’s father receive his rightful share, which would be passed on to his children.

As we walked to South Lake Union, Carlie danced with joy, remembering her father. We sat down and shared what our parents meant to us. Carlie often tells me I am one of the strongest people she knows and admires my perseverance. She believed that my fight for justice in court had somehow paved the way for her to receive her inheritance when she needed it most.

Carlie also shared the experience of spreading her father’s ashes in Seattle, by the Space Needle, and why returning home felt spiritually significant to her. She asked if her good news was painful for me, given my court struggles. I told her it was quite the opposite—it was one of the most inspiring, beautiful, and comforting stories I had ever heard. It felt as though our parents were with us during that walk, watching over us.

At that moment, I accepted that I might never be able to spread my mom’s ashes as she intended. I realized that living a good life spreads her spirit more than ashes ever could. Fighting for truth and justice in her honor has been challenging, and Carlie’s gratitude meant a lot to me.

Today was filled with deep emotions and brought me a sense of closure. I felt stronger, knowing my mom would be proud of us both.

How amazing is it that Carlie is a Dayton? She had been following my family’s legacy while almost forgetting her own roots. I joked with her about changing her name to Dayton, but she laughed and said she’s had enough name changes from two marriages.

This story is both inspiring and beautiful. I love you, Mom, and miss you. I also send my regards to Carlie’s dad, whom I have met in spirit through his courageous daughter.

We are all meant to shine

“Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, Who am I to be brilliant, gorgeous, talented, fabulous? Actually, who are you not to be? You are a child of God. Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won't feel insecure around you. We are all meant to shine, as children do. We were born to make manifest the glory of God that is within us. It's not just in some of us; it's in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.” Marianne Williamson