[WSBAPT] who files petition for intestate probate when no one is able to act?

Rachel Bender rachel at bender-law.com
Fri Apr 6 15:13:00 PDT 2018


 All -

I need some advice on an interesting probate situation.

Decedent passed away - no surviving spouse, no Will. Real property
involved. Decedent's son is disqualified as PR due to felony; daughter is
disqualified due to mental illness (her daughter - decedent's granddaughter
- was appointed guardian by California court, where they both live).

Felon-son is squatting on one piece of property with extended family
members, allegations of active drug use involved.

Decedent's granddaughter contacted me. She wants advice re: *who can
petition court* to appoint a PR to handle the probate since decedent's
children can't act, and neither have the capacity/understanding/wherewithal
to initiate the probate process anyway.

I need clarification on what the next steps would be, and who can take
those steps so that I can narrow my scope of involvement (if I'm involved
at all).

(Please excuse me if the answers are right in front of me and I'm missing
something obvious - it's been a long day...)

Warmly,
Rachel

Rachel R. Bender
Attorney

*Bender Law PLLC*
1001 Fourth Avenue, Suite 3200, Seattle, WA 98154
*Reception*: 206.577.7987 | *Direct*: 206.682.0554 | *Fax*: 206.693.4365
www.bender-law.com

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