[WSBAPT] Can a PR do anything without nonintervention powers?

[Richard Wills]

Ashley --- Take a look at RCW 11.68.090, which provides specific powers to
a Nonintervention PR.  That's what you can't do without them (among
others).  Practically speaking, the only powers that may be needed for a
typical PR without NP are the power to sell &, in the case of a probate
brought to begin a wrongful death action, the power to file an action.Â
Therefore, when I get a PR appointed without NP in a "wrongful death"
probate, I load up on authority to file suit, & when I get a PR appointed
without NP otherwise, I typically also move the Court for authority to
sell tangible personal property, such as vehicles, & to dispose of
personal effects & household goods. --- see RCW 11.56.020.  If the estate
contains real property that needs to be sold & I can't get NP for the PR
later, typically, because the estate's insolvent, then I have to go
through the real estate sales provisions of RCW 11.56.030 including a
confirmation of sale of RCW 11.56.100, which are much more onerous than
the typical sale procedure using NP.



On 9/4/2014 11:10 PM, John J. Sullivan wrote:


Ashley:

My practice is to include a request for instructions in my petition, to
secure the authority I anticipate needing. I then return with interim
reports and additional requests for instructions. I usually phrase it.
"The Administrator is authorized and directed to ...."

John Sullivan

Sent from my iPhone

On Sep 4, 2014, at 5:27 PM, Roger Hawkes <Roger at law-hawks.com> wrote:



You can get specific powers; just explain why you need them and include in
the order that no expenditures or commitments will be made without court
approval; looks like that is the result anyway if you end up with an
intervention estate.

 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

 <http://www.hawkeslawfirm.com> www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

 

From: Ashley Raymond [mailto:ashleyraymondlaw at gmail.com] 
Sent: Thursday, September 04, 2014 4:40 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Can a PR do anything without nonintervention powers?

 

I'm probating an intestate estate. One of the kids is not responding to
our request to sign a waiver granting nonintervention powers, so it looks
like we will have to give notice and have a hearing. My question is, if we
get the PR's appointed now, can they do anything with the assets in the
interim, such as collect life insurance and put it into an estate account?
Or must they wait to do anything until we have the hearing?



Ashley Raymond, J.D., LL.M.

Ashley Raymond, PLLC

651 Strander Blvd., Ste. 215

Tukwila, WA 98188

Ph: 425-496-7495 | Fax: 425-523-3984

ashley at ashleyraymondlaw.com

Website <http://ashleyraymondlaw.com>  | Facebook
<http://facebook.com/ashleyraymondlaw>  | Linkedin
<http://linkedin.com/in/ashleyr>  |
<http://www.avvo.com/attorneys/98188-wa-ashley-raymond-1441776.html> Avvo

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