Wednesday, July 19, 2017

Notice of a Motion for Non-Intervention Powers in a Probate Proceeding

RCW11.68.041?  Wait, I’ll help you out.  I know your head must be spinning like Linda Blair in “The Exorcist”.  What does that mixture of letters and numbers mean?  There is a great deal to unpack here.  It refers to the advance notice of the hearing on a petition for nonintervention powers referred to in the probate act.

In the State of Washington, “non-intervention powers” are available to a personal representative who is granted non-intervention powers in a will.  A surviving spouse or domestic partner is also entitled to non-intervention powers when there is no will.  In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.68.041.

We invite you to Google this particular code in the State of Washington and do some of your own preparatory research.  For professional advice please call Seattle area probate attorney Lyle M. Clark, Jr.  He will explain the particulars of Washington’s RCW 11.68.041.  His phone number at his Bellevue office is (425) 452-3092.

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Monday, July 3, 2017

Divorce in Washington.

Every state has slightly different rules as it pertains to the divorce process.  It would be prudent to understand what qualifies as grounds for divorce in the Evergreen State.  The only legal way to commence a divorce in our state is to file a petition declaring that the marriage is irretrievably broken and requesting that it be dissolved.  You can also request other relief in your Petition.  You must then have a Summons and your Petition served on your spouse by a process server or by an adult other than yourself. Alternatively, your spouse can accept service and can also join in the Petition.  The court will then consider your requests.

In most cases, Washington state divorce courts will “rubber stamp” your declaration that the marriage is irretrievably broken, but not in all cases.  Washington law provides for what is known as “conciliation”, which is sort of like mandatory marriage counseling designed to explore whether the marriage can be saved. If conciliation fails, the marriage dissolution proceeding continues.

Not that a divorce has to be difficult in this state, but it does require proper legal representation.  This is, after all, not the state of Nevada!  One of the Seattle area’s most accomplished divorce attorneys is Lyle Clark.  He has devoted the majority of his 37 years of legal practice to sorting out the ever-changing divorce laws of Washington State.  Give him a call at (425) 452-3092.