[WSBAPT] Removal of PR in intestate estate with no viable successor

[Philip N. Jones]

Way down here in Oregon, probate courts often appoint an attorney as a successor PR when the original PR has gone bad.  The attorney is often selected by the court from a list of attorneys who are willing to take on such work.  But those attorneys have no client who is associated with the estate, so there is no conflict.  In your case, my guess would be that the court will want to appoint your client as successor PR, or a professional fiduciary.  Yes, appointing you would be a conflict, very clearly so.  See RPC 1.7.  And you could not represent the professional fiduciary.  Same rule.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Julie Martiniello
Sent: Wednesday, March 27, 2019 11:43 AM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Removal of PR in intestate estate with no viable successor

Hello All,

I represent the beneficiary of an intestate estate that has come to me due to multiple actions/inaction of the current PR. Based on my review of the file, client is rightfully nervous that assets have disappeared and the estate is not being administered properly. We are wanting to go in and get the PR removed, however this is an intestate estate and there appears to be no viable back-up. Assume no other heirs are eligible or willing to serve, is it proper to ask the court to appoint myself as PR (my client asked this question- and I think it could be a conflict of interest possibly)? Or would it be better to appoint a 3rd party professional, such as Ohana financial or GSS?

I have never had to do this where there is no viable successor to name, so any advice would be appreciated.

--
Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: JULIE at dimensionlaw.com|<mailto:JULIE at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>


PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190327/75ef2acb/attachment.html>