[WSBAPT] Odds of Appointing PR with a 40-yr-old felony conviction

Thu Apr 23 12:34:27 PDT 2020

Statute says your proposed PR is not qualified to act.  I would find another.
I have never had a court appoint a PR with a felony.

RCW 11.36.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.36.010>
Parties disqualified-Result of disqualification after appointment.
(1) Except as provided in subsections (2), (3), and (4) of this section, the following persons are not qualified to act as personal representatives: Corporations, limited liability companies, limited liability partnerships, minors, persons of unsound mind, or persons who have been convicted of (a) any felony or (b) any crime involving moral turpitude.

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!

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: Thursday, April 23, 2020 12:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Odds of Appointing PR with a 40-yr-old felony conviction

Dear Listmates:

I'm trying to advise a client on whether the court could approve his appointment as PR.  He has a felony conviction, robbery with fire arm, that goes back to when he was 17 in 1979, but tried and convicted as an adult.  He was paroled in 1983, and received a final discharge restoring all civil rights except right to own a gun in 1993.

This is an intestate estate, with the only beneficiaries being two brothers (children of decedent).  Both brothers have felony convictions (the other brother was a felony drug charge). .  The brother who is not my client wants his brother to act as PR knowing of the robbery conviction  and will decline to act and consent.    The only asset of the estate if a home in the Seattle area, which will be sold and the proceeds divided between the two brothers.

My question whether the court will appoint my client as a PR under these circumstances.  The statute does address whether the court has any discretion in appointing a PR with a felony conviction.  Is it worth attempting to get the court to appoint, or should I just get an independent PR to act?

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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