[WSBAPT] disqualifying a named personal representative

[Melinda]

Do you have experience with inslee or maxwell?  

Misspelled from my iPhone

Melinda

Law Office of Melinda K Grout
PO Box 1360
Monroe, WA 98272
(360) 794-4322. Tel
(425) 744-6745. Fax

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> On Dec 16, 2014, at 1:17 PM, Tom Stuen <tomstuen at comcast.net> wrote:
> 
> Dewey:  The conflict of interest should disqualify the son.  If you need a cost-effective PR, try Stephanie Inslee or Cindy Maxwell.
>                 The cost-effective method might be a pre-litigation mediation to divide the small estate.  Then, the heirs could sign a small estate affidavit.
> Tom
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dewey Weddle
> Sent: Tuesday, December 16, 2014 12:34 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] disqualifying a named personal representative
>  
> O Wise Ones,
>  
> Incapacitated person, subject of guardianship, passed away last week.  Will named her daughter (now deceased) as PR, and her son as First Alternate.  Estate estimated to be less than $10K.   
>  
> I represent guardian, who is deceased's granddaughter.  Guardian, son, and others are beneficiaries of the estate.  Long history of strife between son, who was removed as attorney-in-fact when guardianship was established 5 years ago, and guardian.  (Guardian is protected by a DVPO of 25 years duration because of son's conduct [death threats, smashing out windshield of guardian's car]).  Son, with the assistance of a pro bono attorney from the local Volunteer Lawyer Program, has dragged guardian into court many times over the last two years, with one issue recently decided by the Court of Appeals.  Son has lost every time and has been twice sanctioned by the Superior Court.  He presently owes the estate between $3,000 and $4,000 as a result of those sanctions, and has no apparent ability to pay (chronically unemployed and believed to be living on disability benefits).
>  
> I am looking for authority or suggestions as to how I might have the guardian appointed to administer the estate.  RCW 11.88.150 (2) allows a guardian to petition to transfer a guardianship to a probate proceeding under some circumstances when the decedent dies intestate, but that is not the case here.  Son does not appear to be disqualified under the statute to act as PR, because he is not a felon or has not been convicted of a crime involving moral turpitude (unless his convictions for violations of the DVPO count as moral turpitude).  Case law supports the proposition that the statute is not exclusive, and that a court can refuse to appoint a named personal representative for other reasons.  I can think of many equitable arguments to have the son disqualified and to have the guardian administer what remains of this small estate, but I am also hoping that some of you might have some suggestions.  Of particular interest to me, does the fact that the son owes the estate money (and in fact has judgments against him) disqualify him to act as PR?  Seems to be a glaring conflict of interest to me.  I also do not think he is bondable. 
>  
> Having an independent administrator appointed is not a viable option because payments to that person would essentially result in nothing left to distribute.        
>  
> Best regards to all, and thanks in advance for your thoughts,
>  
> Dewey
>  
> Law Office of Dewey W. Weddle, PLLC
> 909 7th Street
> Anacortes, WA  98221
>  
> Telephone  360-293-3600
> Fax        360-293-3700
>  
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