[WSBAPT] Coupeville/Whidbey referral

Tue Dec 16 14:13:12 PST 2014

Looking for two attorneys to work with older clients with RLTs and out of state property.  Thanks in advance, Marcia

From: Roger at law-hawks.com
To: wsbapt at lists.wsbarppt.com
Date: Tue, 16 Dec 2014 22:01:09 +0000
Subject: Re: [WSBAPT] disqualifying a named personal representative

Yes.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com
206 367 5000
Fax is 206 367 4005

From: Jim Doran [mailto:jim at doranlegal.com]

Sent: Tuesday, December 16, 2014 1:52 PM

To: 'WSBA Probate & Trust Listserv'

Subject: Re: [WSBAPT] disqualifying a named personal representative

This is an interesting situation and brings me to a similar question.  Will it be grounds to disqualify and replace the PR if the PR who has been duly appointed neglects to
 pay the real estate taxes on the estate house before it goes to a tax foreclosure sale?  The PR is living in the estate house and has been for several years without paying any rent to the estate.  He appears to be willing to live in the home until it is foreclosed. 
 There is one other heir who is a tenant in common except that the probate has not moved along and the home is still an estate asset. 

I want to have the PR replaced and get the home cleaned up and sold.  Is this dereliction of duties enough to remove a PR?

Thank you.

James R. Doran
Attorney at Law
100 E. Pine Street – Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

From:
wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of Tom Stuen

Sent: Tuesday, December 16, 2014 1:18 PM

To: 'WSBA Probate & Trust Listserv'

Subject: Re: [WSBAPT] disqualifying a named personal representative

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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