[WSBAPT] pet for Admin?
Erin Fairley
efairley at advocateslg.com
Tue Nov 25 16:51:24 PST 2014
Fiduciaries at Ware, Egvet, and Associates will serve as professional Pr at lower rate than attorney.
Sent from my iPhone
On Oct 1, 2014, at 6:00 PM, Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>> wrote:
Good thoughts; thank you☺
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: Tara [mailto:pugetsoundlaw at gmail.com]
Sent: Wednesday, October 01, 2014 5:51 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: RE: [WSBAPT] pet for Admin?
It’s a bit of a strange confluence of circumstances, but certainly a common enough occurrence.
There does not seem to be any express language prohibiting someone other than the prospective administrator, such as a family member or heir or other interested party, from being “the applicant” and submit a petition that requests someone else to be appointed and granted letters.
It makes sense to have the family member or heir be the petitioner, and under the right circumstances might even be necessary.
RCW 11.28.110 provides that the application for letters of administration shall be made by petition to be in writing, signed and verified by the applicant or his/her attorney. I’ve usually read this in conjunction with RCW 11.28.120 for person entitled to letters, and generally thought of the prospective administrator as the logical party to file the petition seeking to be appointed and as such was “the applicant” for letters.
However, does the professional have personal knowledge of the facts essential to give the court jurisdiction, e.g. information about the death, assets, and heirs of the estate? Usually, the attorney or the professional are relying on the representations of the family concerning these facts and they do not have independent personal knowledge of the essential facts. It’s one reason I always have my clients sign a verification of the petition personally. I have often been in ex parte and heard the commissioners rake other attorneys over the coals for signing petitions themselves, or declarations that support petitions or motions, that contain facts that they can’t possibly have any personal knowledge of.
Perhaps the professional could join in the petition or sign a consent to serve to tie up the loose ends in a nice bow?
Tara M. Roberts
Puget Sound Law
roberts at pugetsoundlaw.com<mailto:roberts at pugetsoundlaw.com>
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From: wsbapt-owner at lists.wsbarppt.com<mailto:wsbapt-owner at lists.wsbarppt.com> [mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, October 01, 2014 5:03 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: RE: [WSBAPT] pet for Admin?
Roger--I have filed petitions requesting someone other than petitioner to be appointed as PR in just this situation--family members don't want to, or can't, serve as PR, so they want a professional to handle it, so one or more heirs make the petition, but the professional gets appointed.
The professional doesn't want to petition directly as the Petitioner because, well, it could look a little grabby or impertinent. Better to have the persons interested in the estate make the actual petition.
In those cases I have represented the professional, so even if I draft the petition, I require the heir(s) to get a separate attorney to review the petition and get independent advice before she/he/they sign it.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040
From: wsbapt-owner at lists.wsbarppt.com<mailto:wsbapt-owner at lists.wsbarppt.com> [mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Wednesday, October 01, 2014 4:53 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: RE: [WSBAPT] pet for Admin?
It is odd because our client wants an independent Administrator; she does not want to be the Administrator; other rellies have not filed within the forty days. Nowhere do I see that a Petitioner has to be asking for him or herself to be appointed. I also do not find any statute saying who is qualified or not qualified to file a Petition for intestate probate; I must be experiencing a brain fade???
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: Mark Higgins [mailto:markthiggins at gmail.com]
Sent: Wednesday, October 01, 2014 4:32 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] pet for Admin?
since the petition has to be made by the applicant or his or her attorney, seems the proper question is whether Elena wants to be the administrator and, if so, whether she wants you to be her attorney?
On Wed, Oct 1, 2014 at 4:21 PM, Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>> wrote:
Thanks; do you want to be identified as a ‘suitable person’ to be Administrator?
Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000<tel:206%20367%205000>
Fax is 206 367 4005<tel:206%20367%204005>
From: Elena Garella [mailto:law at garella.com<mailto:law at garella.com>]
Sent: Wednesday, October 01, 2014 4:16 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] pet for Admin?
RCW 11.28.120
Persons entitled to letters.
Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed.
(2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
(3) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the person or estate of the decedent, or attorney-in-fact appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets.
(4) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets.
(5)(a) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08<http://app.leg.wa.gov/rcw/default.aspx?cite=11.08> RCW; however, the director may waive this right.
(b) The secretary of the department of social and health services for those estates owing debts for long-term care services as defined in *RCW 74.39A.008<http://app.leg.wa.gov/rcw/default.aspx?cite=74.39A.008>; however the secretary may waive this right.
(6) One or more of the principal creditors.
(7) If the persons so entitled shall fail for more than forty days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint any suitable person to administer such estate.
On Wed, Oct 1, 2014 at 3:32 PM, Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>> wrote:
Unusual case for us. We are petitioning on behalf of a poa for a decedent; a probate needs to be opened but our Petitioner does not want to be Administrator. I believe there is a list the Commissioner consults to appoint someone to Administer; do we have to nominate anyone in particular? Do the heirs get the typical fourteen days’ notice of the hearing? King county case.
Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000<tel:206%20367%205000>
Fax is 206 367 4005<tel:206%20367%204005>
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