[WSBAPT] disqualifying a named personal representative

[Richard Wills]

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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