[WSBAPT] Waive Felony of PR

Thu Feb 28 15:44:33 PST 2019

Thanks, Robert!  That’s very helpful!  I will remember that.

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rob Wilson-Hoss
Sent: Thursday, February 28, 2019 2:12 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Waive Felony of PR

Here you go:

9.94A.640 (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<www.hossandwilsonhoss.com>
rob at hctc.com<mailto:rob at hctc.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Candace Wilkerson
Sent: Thursday, February 28, 2019 1:57 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Waive Felony of PR

I wondered about that; but wouldn’t the petitioner still need to inform the court about the conviction that was later vacated?

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Rob Wilson-Hoss
Sent: Thursday, February 28, 2019 12:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Waive Felony of PR

vacate the conviction?

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<www.hossandwilsonhoss.com>
rob at hctc.com<mailto:rob at hctc.com>

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Candace Wilkerson
Sent: Thursday, February 28, 2019 12:26 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Waive Felony of PR

I dealt with this issue in the guardianship context about 5 years ago, in King County.  There was no way that my client, who had been convicted on a felony drug charge in the 80s (I think involving marijuana only), and had no further criminal record, was going to be allowed to serve as guardian.

Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Wednesday, February 27, 2019 2:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Waive Felony of PR

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

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