Meeting with Robert Mucklestone, Bar #109

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.

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

Fife police are called to Luce & Associates

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.