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.
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