[WSBAPT] disqualifying a named personal representative
Richard Wills
richardwills at washington-probate.com
Wed Dec 17 08:02:00 PST 2014
*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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