[WSBAPT] A couple probate questions

[Dalynne Singleton]

I researched this issue of a POA for a Personal Representative and it is not allowed by statute to take the role of the PR through a POA.  My research was specific to someone to be able to appear in court on behalf of PR and the answer was no.
If incapacitated PR, the resolution would be to submit by motion or agreed order for the PR to resign as PR and ask for a new PR to be appointed – that can be the same person who has the POA but not because of the POA, because they would be eligible to serve as PR individually.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to theresa at glgmail.com<mailto:theresa at glgmail.com>.
In-person meetings are not possible at this time.  Email is the best way to reach me until further notice.  If you would like a telephone conference, please email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.

Thank you very much and stay safe!

LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Wednesday, April 22, 2020 7:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] A couple probate questions

I have made preliminary distributions in various circumstances.  The creditor will actually look to the PR for payment – that is to say the Creditor is not likely to go knocking on a beneficiaries door (absent unusual circumstances).  The PR is the one ultimately on the hook.

In cases where someone is unable to serve due to incapacity, I have attached a physician’s letter.  I have also considered but have not used, having an Agent under a POA signing an affidavit under oath that the Agent is serving under an effective POA due to Principal’s incapacity.  I think this would work in Spokane County as they are somewhat relaxed.  I have not had just the successor be able to sign a document saying the predecessor was incapacitated.

Good luck.


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



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 John Yip
Sent: Tuesday, April 21, 2020 5:52 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] A couple probate questions

1. Distribution: Normally, we wait 4 months after first publication to distribute assets in case there are creditor claims.  However, if you are certain there will be no creditor claims, is there any law prohibiting transfers prior to the end of that 4 month period?  If it turns out there is a creditor claim, the creditor can clawback transferred assets, correct?

2. Unable to Serve: In the absence of a guardianship, how can you establish that someone is unable to serve as PR due to incapacity?
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