[WSBAPT] No-asset insolvent intestate estate, minor child - need a GAL? Who pays?
Richard Wills
richardwills at washington-probate.com
Tue Nov 25 13:14:42 PST 2014
*Roger --- An attorney my file & serve a Notice of Intention to
Withdraw, & if no objection is timely filed, the withdrawal becomes
effective on its stated effective date (so long as proper notice was had
--- I file & serve mine by mail & use a 14-day notice period).**
**
**A PR may resign & I believe but do not know that that relieves him or
her of liability from the effective date of his or her withdrawal --- I
haven't had a case to test that.**
**
**But for a PR to be relieved of liability for the estate & particularly
for his or her actions & omissions during his or her administration of
the estate, the PR, according to my understanding, must be discharged,
either formally by the Court or as a result of having filed a valid Decl
of Completion (with the relevant Receipts & Waivers or a Notice of
Filing Thereof etc., as appropriate). Discharge by the Court, at least
in my experience, can come in two ways:**
*
* *The Court's entry of a Decree of Final Distribution in which the PR
is expressly discharged (ie, to close the estate).
*
* *The Court's entry of an Order Approving Resignation & Interim
Report & Accounting of PR in which the PR is expressly discharged
(ie, a resignation before the estate closes, meaning a successor PR
will need to be appointed to complete the estate's administration).
*
*In either of those cases, the PR will have reported & accounted to the
Court for his or her acts, & the Court discharges the PR regarding them
--- but not for undisclosed or fraudulent acts, for which the PR remains
liable (& the estate may thereafter be reopened, if it has been closed,
to address the prior PR's nondisclosure or fraud, of which cases I've
had several --- absent that or the discovery of new estate assets or
notice problems regarding the closing, I don't believe an estate may be
re-opened, the Final Decree truly being final).**
*
*At least that's my understanding of the situation.**
*
*I've had numbers of PR resignations, including myself as a PR, & Comm'r
V has been quite clear that if the PR wants to be relieved of
responsibility, it takes more than a simple resignation --- it takes a
formal discharge, & the only way I know how to obtain that is discussed
above.*
*Perhaps others on the list-serve have other experiences or understandings?
*
On 11/25/2014 11:30 AM, Roger Hawkes wrote:
>
> Thanks, Richard. Is it possible for a PR to 'withdraw', like a
> lawyer. Just quit?? Or is some sort of discharge required?
>
> 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:*Richard Wills [mailto:richardwills at washington-probate.com]
> *Sent:* Tuesday, November 25, 2014 11:14 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] No-asset insolvent intestate estate, minor
> child - need a GAL? Who pays?
>
> *Yes --- & remains liable for the estate.*
>
> On 11/25/2014 10:10 AM, Roger Hawkes wrote:
>
> Interesting thought. No case will be pending, but the appointed
> PR is still the PR??
>
> 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:*Richard Wills [mailto:richardwills at washington-probate.com]
> *Sent:* Tuesday, November 25, 2014 7:48 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] No-asset insolvent intestate estate, minor
> child - need a GAL? Who pays?
>
> *That, however, does not discharge the appointed PR.*
>
>
> On 11/24/2014 3:47 PM, Roger Hawkes wrote:
>
> If you withdraw, the clerk will eventually dismiss the probate
> for non prosecution.
>
> 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:*Eric Nelsen [mailto:Eric at sayrelawoffices.com]
> *Sent:* Monday, November 24, 2014 3:08 PM
> *To:* WSBA Probate & Trust listserve
> (wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>)
> *Subject:* [WSBAPT] No-asset insolvent intestate estate, minor
> child - need a GAL? Who pays?
>
> No-asset estate, just personal effects of nominal value.
> Surviving spouse and five kids, one of whom is 13 years old.
> Received a bunch of creditor claims totalling about $10,000.
>
> Only opened the probate to investigate a wrongful death claim,
> which was a no-go, so now we need to shut it down with an
> accounting and final hearing to approve no distribution, no
> payment to creditors.
>
> RCW 11.76.080(2) seems in indicate that appointment of GAL for
> the minor child is mandatory. Is that right? If so, who is
> going to pay the GAL? The Estate has literally nothing--no
> cash, no vehicle, just some clothes and other effects of no value.
>
> Sincerely,
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA 98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
>
>
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