[WSBAPT] Can out-of-state conservator represent disabled beneficiary in a probate?

[Jon Fritzler]

Thank you John, but to clarify, my question isn't what my client should do when it comes time to distribute the estate. I am confident that the incapacitated beneficiary's share can be distributed to the California conservator, although I believe the applicable statute is RCW 11.76.095 - Distribution of estates to minors.

Rather, my question is can an out-of-state conservator represent the incapacitated beneficiary's interest in the estate during the probate.

RCW 11.76.080 says:
"If there be any alleged incapacitated person as defined in RCW 11.88.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.88.010> interested in the estate who has no legally appointed guardian or limited guardian, the court:

  1.  At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and
  2.  For hearings held under RCW 11.54.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010>, 11.68.041<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.041>, 11.68.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.100>, and 11.76.050<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.050> or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.

It is clear that if the beneficiary had a legally appointed guardian in Washington that guardian could represent the beneficiary's interests in the Washington probate but what if the beneficiary has a legally appointed conservator (the equivalent of a guardian of the person's estate) in California. I don't see any reason why the California conservator shouldn't be able to represent the beneficiary's interest in the Washington probate but would like to know if anyone on the list thinks otherwise or has dealt with the same situation.

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Wednesday, August 16, 2017 1:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Can out-of-state conservator represent disabled beneficiary in a probate?

If this is a relatively-straightforward nonintervention probate- that is, the PR will simply gather the assets and distribute them - I recommend reviewing the PR's duties under RCW 11.98.070(16).
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jon Fritzler
Sent: Wednesday, August 16, 2017 1:23 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Can out-of-state conservator represent disabled beneficiary in a probate?

I represent the PR of an estate and found out after my client was appointed that one of the beneficiaries is incapable of managing her finances. The beneficiary lives in California. I was planning to ask the court to appoint a GAL for the beneficiary but then was informed that a relative of the beneficiary will be seeking to have a conservator appointed for her and that the process of having a conservator appointed does not take an unduly long time in California.  I am unsure whether I still need to have a GAL appointed for the beneficiary in the Washington probate proceeding or should just wait for a conservator to be appointed for the beneficiary.  It seems to me that the conservator would be able to represent the beneficiary's interests in the probate and that appointing a GAL would just be duplicative and a needless expense.

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.


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