[WSBAPT] disqualifying a named personal representative

[Richard Wills]

*I've been involved in probates with PR removals in both Thurston & 
Skagit Counties in which Cindy Maxwell has been appointed as the 
independent successor PR, & I've had no problem with her work.*


On 12/16/2014 1:31 PM, Melinda wrote:
> 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 
> <mailto: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> 
>> [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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