[WSBAPT] disqualifying a named personal representative
Richard Wills
richardwills at washington-probate.com
Tue Dec 16 13:50:57 PST 2014
On 12/16/2014 12:34 PM, Dewey Weddle wrote:
> 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.
*
**Dewey --- There is WA case law standing for the proposition that a
named or appointed PR may be disqualified by showing that he or she has
a conflict of interest that prevents impartiality.*
> 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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