[WSBAPT] Waive Felony of PR

[Eric Nelsen]

I think you will find a difference of opinion in responses. I am in the camp that believes the statutory bar is non-waivable. But I recall other attorneys thinking otherwise.

There is a case that strongly implies that a statutory disqualification under a previous version of RCW 11.36.010 is non-waivable, though it doesn't specifically address the "felony or crime involving moral turpitude" disqualification. In re Borman's Estates, 50 Wn.2d 791, 314 P.2d 617 (1957). See also In re Estate of Gordon, 52 Wn.2d 470, 476-477, 326 P.2d 340 (1958).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
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 Nicholas Pleasants
Sent: Wednesday, February 27, 2019 12:41 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Waive Felony of PR

Hello,
Suppose there is an intestate estate where the surviving spouse has a felony conviction. RCW 11.36.010 says this would disqualify the spouse from serving as PR (and presumably as Administrator of intestate estate). Suppose the other heirs were willing to waive this issue. Could the court grant letters given the waivers, or is that a nonwaivable disqualification? Thanks for your insight.

Best,
Nick Pleasants

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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