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

Wed Mar 27 12:45:06 PDT 2019

Hi Julie -

I personally don't see a conflict, as anyone who represents anyone related
to the estate has a potential "conflict" but so would an heir/PR, or a
creditor. Even an heir-creditor-PR can serve, so long as they follow the
applicable procedures in the statute. And of course the general fiduciary
duties.

I don't know if that changes when the PR is an attorney for one or the
other, but seems the concept would extend.

The one limitation I would keep in mind is, as an attorney for one party,
you should clearly disclose this to the other heirs, and if someone else
gets counsel involved be sure to communicate only through counsel (with
notices given per statutory process cc'ing attorney if must be sent to
heir/creditor personally)

Carmen Rowe, Attorney/Owner

Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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> Message: 5
> Date: Wed, 27 Mar 2019 18:55:06 +0000
> From: Dalynne Singleton <dalynne at glgmail.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Removal of PR in intestate estate with no viable
>         successor
> Message-ID:
>         <
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>
> I have served as PR when my client was a creditor of an estate but not a
> beneficiary/heir.
> You should petition to have your client, who is a beneficiary appointed as
> the PR unless there is a reason they cannot serve ? a felon or a minor.
>
> 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 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/
> >
>
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