[WSBAPT] Felon wants to be PR

[Felicia Value, Attorney at Law]

Thanks Rob, very helpful!

From: Rob Wilson-Hoss 
Sent: Tuesday, February 02, 2016 3:49 PM
To: 'WSBA Probate & Trust Listserv' 
Subject: Re: [WSBAPT] Felon wants to be PR

9.94A.640 includes, in part, "For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime."

 

The vacation process is that the plea of guilty is withdrawn, and a plea of not guilty entered; or the verdict, if there was a trial, is set aside; and the court then enters a dismissal of the charges. So, no longer guilty of a felony. For all purposes. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, February 02, 2016 2:33 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Felon wants to be PR

 

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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