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Plaintiff wants stipulated with prejudice dismissal.


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LLC Partner sued me. She wanted out,& refused to allow me to buy her 50%. She got a Receiver (a law firm) who will not give me co. accounting. And wouldn't give me my 50% share unless I signed a waiver. Everyone got paid, but me. Plaintiff won't agree for me to get my money unless I sign a waiver. Plaintiff signed a waiver w/the Receiver (law firm) she hand picked w/her attorney.

1. How to get my funds out of the Court Registry, without signing a waver?

I don't know what the WA State Code is? I found this:

California Probate Code Section 16004.5 CA Prob Code § 16004.5 (2017) (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument. 

That's why the Receiver lawfirm withdrew & the case was closed, he wrote his own hold harmless stipulation. & he put my funds with the Court.

Judge wants me to set a court date. Thinking I need to set a "probate" court hearing.

2. When I go to court do I have to pay Plaintiff's attorney fees?

Plaintiff & I are equal Representatives. 

3. Should I get the WSBA involved? Complaint against the Receiver(law firm).

4. I have a signed dismissal by the Plaintiff & her attorney. Can I write "without prejudice" on my signature line black out the attorney's law firm @ the bottom & put my address at the bottom & file it myself?

Write in the Probate code,

and set a probate hearing?

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17 hours ago, Search4Relief said:

LLC Partner sued me. She wanted out,& refused to allow me to buy her 50%. She got a Receiver (a law firm) who will not give me co. accounting. And wouldn't give me my 50% share unless I signed a waiver. Everyone got paid, but me. Plaintiff won't agree for me to get my money unless I sign a waiver. Plaintiff signed a waiver w/the Receiver (law firm) she hand picked w/her attorney.

1. How to get my funds out of the Court Registry, without signing a waver?

I don't know what the WA State Code is? I found this:

 

"Probate is a procedure through which assets are legally passed. For very large estates, the probate process can be a complex procedure. However, for most people, it's a very simple formality. Probate is really just a judge giving legal permission for assets to be passed on, whether or not there is a last will".

The questions here would be what is the waiver you are being asked to sign off on. What is the negative impact of signing a waiver if you get your finances transferred to you. "Everyone got paid but me" are these creditors or other partners. Is the receivership a result of a bankruptcy or just a resolution or sale of the business. Do you have a corporate, LLC or partnership agreement in place you can rely on that protects your rights or allows you to make an automatic fund deduction from the LLC's account with a court order. 

Do you want out of this business yourself or plan on its continuance. These funds you refer to seem to be in escrow from a sale. If you are buying a partner out it seems the transfer of payment would be from you to them with a purchase agreement?

Edited by HueyPilot
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Huey-

1. The negative impact is Plaintiff & Receiver refuse to give me the accounting. Which has tax implications.

The "Receiver" was an entire law firm. 

2. Property was sold under objection. For substantially less, with no formal appraisal. There was no mortgage, there were no creditors. The only creditors were attorneys in the suit.

3. I am a Representative & Trustee, & Manager. 3. I devise & bequeath to my daughters, as Trustee 7. I appoint my daughters... to serve as Personal Representative of my estate.

4. Probate Code section 16004.5 basically you can't be extorted to sign under duress. But the reality is that it is extortion.

5. The LLC protections were all violated. The Receivership was a violation of the contract. But my 1st attorney didn't defend that point. The reality is many attorneys work with Receiver's against their clients.

6. "allows you to make an automatic fund deduction from the LLC's account with a court order."

I don't know, It depends if that is contained in the "WA Trust Act". I want to get my money out. The money in the court registry has only one name on it & that's me.

7. Why do I have to ask permission? "the Trustee of any trust herein established shall have all of the rights, powers, & duties given by law, including those set forth in the WA Trust Act, which Act is incorporated herein by reference. ...11.1 in addition, the Trustee shall have full power & authority.

13.3 ...any trust if the entire trust principle may, at any time, either be required underfunded the terms of the governing instrument to be paid to a child of mine.

Q: Are you telling me the only way for me to get my money is to give up my rights?

If that's the case, The law is BS because it only protects those who can afford justice.

Q: I asked about the WA state equivalent of the CA Probate Code Section 16004.5. What is the equivalent WA state law please?

Thank you for you help.

Is there any way to retain your help?

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I'd recommend scheduling a consultation with a business attorney.  Provide the attorney with the contract between your partner in the LLC and the waiver they've asked you to sign.  The attorney can draw certain legal opinions based on the documentation and your answers to a few questions.

This sounds like the dissolution of a business partnership where you wanted to buy-out the person who wanted out.  However, you're using terms like probate and trustee.  Does this situation involve someone who passed away?

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LaneBlane- Yes that is correct it is the dissolution of a business partnership where I wanted to buy-out the Plaintiff wanted out. The accusations were I refused to sell, not I wanted to buy out. (She refused to sell to me).. there were no insufficientcies & any accusations of wrong doing were never validated as factual. On the contrary the Plaintiff was taking all expense vacations w/non member husband, & refusing to provide an accounting.

Yet this information was never brought up, or formalized in court.

And Yes, it involves a trust that was created by someone who passed away. The company assets belonged to the trust.. And my business attorney allowed all my LLC protections to be violated.

Because he wanted to sue her on the back end instead of defend me up front. He would not tell me when,where, time, room the court hearings were being held. The only way I found out what was going on was when the Receiver contacted me directly by sending documents to me directly.

The assets were in trust so it would seem that it would include probate & trusts. The only business to buy out now is in name only, it is the shell of the company with no assets, & little if any value.

The Plaintiff partner would have to be removed. She would also have to be removed as Trustee & Manager. The rest of the  assets in the company safety deposit were stolen by the Plaintiff & her husband (not a member). Which my attorney & the "Receiver" ignored my request for it's seizure.

The Receiver would not allow me to receive my funds unless I signed a stipulated waiver protecting himself & his entire lawfirm, to which he would not provide to me a copy of the waiver, the bottom of his email states it cannot be used in court. The Plaintiff signed his waiver & received her money. I am not allowed to see the signed waiver.. Plaintiff also signed a joinder with the Receiver to violate my option to purchase, & to sell the assets (which was the only thing to purchase) other then the company name. 

The Receiver placed my "trust funds" into the court registry designated in the Court Accounting separately as "trust account funds under my name" & separate account designated as personal funds with "my name" only. This is according to the internal court accounting dept supervisor.

"The attorney can draw certain legal opinions based on the documentation and your answers to a few questions."

My attorney inquiry experience has been,  The attorneys wants to review the entire case file which is expansive, & then want a retainer before they will be able to provide options. They also want the amount of value held in the court, before they will give any monetary quotes other then nebulous hourly rates, or advice. Most consultations do not give any actionable legal options. Nor do they provide any assurance the attorney is going to do anything other then collect billable hours & make a 20min read in to a 6hr bill, with nothing tangible produced. So choosing an attorney becomes like more like a needle in the haystack. IMHO Pier reviews are worthless, & Avvo is the only place I've found actual attorney reviews. WSBA gives random selection for $30. With a generated list with no encouragement of qualifications or value of work. Nor does there appear to be any rating on percentage of won cases. Does such a performance rating exist?

I thought this was a forum to explore legal options? 

Q: I'm curious as to why no answer to the question of the WA law equivalent to CA probate code section 16004.5? Or is that because both CA & WA are both district 9, CA law applies to both states?

 

 

 

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46 minutes ago, Search4Relief said:

thought this was a forum to explore legal options?

It is, but is generally geared to consumer debt and credit issues.  The issue you have is complex and not what we usually see here.

It sounds like you have a cause of action against your business attorney, who did not effectively represent your interests.  Maybe a bar complaint, or a legal malpractice lawsuit?  

Sorry I can't provide more help, but this is clearly beyond my knowledge base.

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Washington State has some different laws when it comes to probate. Everything goes through the Court.

(4)   It is helpful if the Decedent had a last Will clearly naming a personal representative that allows for non-intervention powers.  This allows a personal representative to liquidate and distribute assets according to the last will without other family members possibly challenging the choices of the personal representative.

 

(9)   Assets placed in a revocable trust will also avoid the probate process as they have already been transferred to the trust which name specific beneficiaries.  There may be tax implications of transferring an asset so talk to your accountant before taking action.

 

You have probably already done this but in review:

(3)   If the Decedent owned real estate, then a probate case must be filed in order to sell the real estate and obtain testamentary letters to transfer assets.  The court filing fee is $240 in King county and attorney fees can vary based on the size of the estate, potential creditors, and whether there is the possibility the probate process will be contested.

If the property has been sold and the business assets liquidated that process more than likely is concluded and you have to work with the proceeds named for you in the trust. If you were named as the trustee in the Will you most likely would have been responsible to drive this process and make distributions. It sounds like you could provide the Court with a copy of the Will, obtain testamentary letters, pay the court filing fee, petition the Court for the distribution of funds to your account. 

I'm not an attorney but have been through a similar process with a business I owned and once as a trustee for a death or a parent. It's a lot of paperwork. 

https://www.bankruptcy-law-seattle.com/Articles/10-things-you-need-to-know-about-probate-in-washington-state/

 

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