[WSBAPT] Coupeville/Whidbey referral

Tue Dec 16 14:46:22 PST 2014

I live in Coupeville and work on Whidbey Island and can assist in this
matter.  Please throw my name in the hat.  

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcia Mellinger
Sent: Tuesday, December 16, 2014 2:13 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Coupeville/Whidbey referral

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 <mailto:Roger at law-hawks.com> 
To: wsbapt at lists.wsbarppt.com <mailto: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 <http://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 <mailto:jim at doranlegal.com> 

www.doranlegal.com <http://www.doranlegal.com> 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto: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>
[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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