[WSBAPT] Waive Felony of PR

[Dalynne Singleton]

The statute says “are not qualified” and I would say that means, not waivable to make someone qualified.  I would venture to bet, not bondable either.  I was on the other side of a case where a Will of the father appointed a sister who had been convicted of several felonies as the PR.  My client and other sister objected.  Judge agreed.  In court, Judge asked the Will appointed sister, how do you get around the statute that you are not qualified to be PR?  Sister had no answer except that the father wanted her to serve as PR.  Judge did not allow her to be PR.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <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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