[WSBAPT] Ex-Wife Serving as PR?

[Douglas Bratt]

Hello Listmates:

 

Decedent died in an auto accident about a month ago.  No insurance for the
bad driver, but Decedent had uninsured motorist’s coverage.  The claim
under the insurance policy is the only significant asset of the Estate.

 

He was not married at the time of his death.  His sole heir is a son, now
age 21.  He is in the military, stationed overseas.

 

A Will was executed by Decedent prior to his divorce from the mother of
the son.  The Will named his (then) wife as Personal Representative.  The
Will also left his entire estate to his (then) wife.  The will also stated
that if (then) wife predeceased him, the estate was to go to the sole
child of the couple.

 

We all know that ex-wife cannot take under the will, since it was executed
prior to the entry of the dissolution.

 

However, is there any bar, under statute or case law, to ex-wife still
serving as Personal Representative, if the son (the sole heir) expresses
his confidence in, and preference for, his mother to serve in that role?

 

Thanks for any thoughts, individual or collective, you all might have.

 

Best Regards,

 

Doug Bratt

 

 

Douglas J. Bratt

Lawyer

 

 

 

Office: (360) 213-2040 

 Fax: (360) 213-2030

 

 

 

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