[WSBAPT] King County form Order Appointing GAL in probate?

[Eric Nelsen]

I will take that as a rhetorical question, as I can hardly commit to something on the merits on one of my cases, on the listserve.

That said, you can be sure that I am highly aware of the legal requirements of procedural due process, not to mention the creeping return of substantive due process in some arenas; the difficulty in balancing liberty interests and protective interests with an adult person of questionable capacity; the hierarchy of duties for an estate administrator who is required to distribute an estate but also make some level of effort to protect a distribution from going astray; and the thicket of jurisdictional questions that arise when investigating capacity of an heir in the context of a probate.

Individual liberties must be respected. Vulnerable adults must be protected. Legal procedures must be followed. Heirs should receive their inheritances with a minimum possible burden of formalities and accompanying legal fees. All of these competing goals must be balanced and met in a single indivisible instance. Please be assured that I find none of these imperatives quaint, obsolete, or ignorable.

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 Doug Schafer
Sent: Tuesday, February 16, 2016 2:21 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] King County form Order Appointing GAL in probate?

And will the probate estate also pay for an attorney to represent the adult heir if that adult wishes not to be adjudicated incompetent?  Or is that quaint concept of "due process" to be ignored in this judicial proceeding?   Doug Schafer, in Tacoma.
On 2/16/2016 1:39 PM, Eric Nelsen wrote:
Anyone in King County practice know exactly what the court will want to see in a probate, where we're requesting a GAL to investigate competence of an adult heir? I'm thinking I might crib a bit from the GAL appointment order for Guardianships (attached), but I also don't want to over-prescribe. (Estate would pay for GAL, I know it's not a situation where the State would pay.)

Is there a form, or does someone have an example to offer that worked well for them?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040





_______________________________________________

WSBAPT mailing list

WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>

http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160216/7fe53e68/attachment.html>