[WSBAPT] Felon wants to be PR

[Eric Nelsen]

This has been discussed recently, even today. I do recall earlier conversations on the listserv, though, where there was some disagreement about whether people thought the disqualification was waivable.

Personally, based on my own research, I think that it is not waivable, and a convicted felon is absolutely disqualified from acting as PR, even if the other heirs waive objection.

If the felony conviction record is vacated or expunged, maybe that is sufficient to allow the person to qualify. But, I do not think there is any Washington case law on that point. I have not done the research myself, but my first thought is to look at the statutes and case law regarding expungement and see what the effect is supposed to be in other contexts, and then argue by analogy that it makes sense to allow that person to qualify as a PR.

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-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert Hardy
Sent: Tuesday, February 02, 2016 2:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Felon wants to be PR

I have a client who would like to be a PR for his father's estate plan but has a felony conviction over 28 years ago. Is there any case law that allows him to be a PR with a felony conviction?
If not must he get an expungement form Governor to qualify?
Any thoughts?
RH
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