Motion for Discretionary Review - Probate Matter

June 5, 2024 - Motion for Discretionary Review 

Source: TV Washington https://tvw.org/video/division-2-court-of-appeals-2024061090/?eventID=2024061090

The Court of Appeals Division 2 heard my motion for discretionary review, which centers on whether Pierce County Superior Court has the authority to scrutinize a personal representative's deed that was executed under the jurisdiction of King County Superior Court.

As the petitioner, I am fighting to overturn the continuance orders issued by Pierce County Superior Court. My argument is straightforward: no proceedings should take place without explicit permission from King County Superior Court, which has exclusive jurisdiction over my late mother's estate.

I firmly believe that Pierce County’s actions are not only invalid but also inappropriate, as they go against the standing orders from King County. All actions related to the estate must be approved by Commissioner Henry Judson of King County.

Supporting my position, my sister shared the personal and financial toll the ongoing litigation has inflicted on our family. She stressed the importance of adhering to King County's jurisdictional orders. She emphasized the need for family reunification and highlighted the detrimental impact of the continued legal battles orchestrated by the opposing counsel.

Christopher M. Constantine, associated with Ken Luce of Luce & Associates, represented the opposing side, the belief the surviving spouse gets everything by defending the interests of James Mickelson. He argued the validity of the community property agreement and the necessity for Pierce County to examine the personal representative's deed.

Mr. Constantine claimed that I misinterpreted the scope of the King County order and maintained that Pierce County has the right to review the deed in question.

I reiterated the jurisdictional error and explained my inability to file electronically due to restrictions in Pierce County.

The commissioner acknowledged the complexity of the case, noting the involvement of numerous judicial officials. The decision will be issued in a written ruling after considering all arguments presented. The court's forthcoming decision will determine the next steps in resolving the estate's legal disputes and will hopefully bring clarity to this convoluted situation.