[WSBAPT] Waive Felony of PR

Thu Feb 28 16:18:52 PST 2019

Maybe someone has already mentioned this – but depending upon the type of felony and the length of time that has elapsed, vacating the felony allows the individual to act as PR.  I’ve had that happen only once in nearly 30 years!  Here’s the section:

https://apps.leg.wa.gov/RCW/default.aspx?cite=9.94a.640

Best regards,
Kerry
Kerry E. Brink • Attorney at Law

Estate Planning, Probate, Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, February 28, 2019 12:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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