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

[Felicia Value]

I've had two proposed PR's with old,  old convictions for possession of 
pot - so old that they were felonies.  I was told that the ban on felony 
convictions is a bright line,  and that judges do not have discretion to 
waive the rule.  I had to find someone else.


On 4/23/2020 12:32 PM, Lewis, Amy C. wrote:
>
> Could you do an Adjudication of Testacy and Heirship or do you have 
> other issues that will require appointment of a PR?
>
> Amy Lewis, Attorney
>
> 1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com 
> <http://www.eisenhowerlaw.com/>
>
> *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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-- 
PLEASE NOTE! As of August 1,  2019,  my office has MOVED to 413 Morris St. in La Conner.

Felicia Value
Attorney at Law
PO Box 578/413 Morris Street
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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