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

Thu Apr 23 15:27:45 PDT 2020

Thanks, Inge.  Yes, I would appreciate any input on this!

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Thursday, April 23, 2020 3:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Odds of Appointing PR with a 40-yr-old felony conviction

Some title companies won’t issue title insurance with a Lack of Probate Affidavit and require Letters of Administration (or Letters Testamentary, as it may be).  Others on this listserve have suggested that title companies are willing issue title insurance with a Lack of Probate Affidavit plus an indemnity agreement.  I’ve always found it simpler (and advisable under the specific circumstances) to open probate but this may not be the case if the brother cannot get appointed.  Interested to hear what title folks have to say on this, as well as other creative solutions.

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]

Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, April 23, 2020 at 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Odds of Appointing PR with a 40-yr-old felony conviction

Maybe I’m missing something, but why is a probate needed for the real property?  Can’t they simply do a Lack of Probate Affidavit to take ownership so they can sell?

Candace Wilkerson

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 Felicia Value
Sent: Thursday, April 23, 2020 2:29 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Odds of Appointing PR with a 40-yr-old felony conviction

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

[cid:image005.jpg at 01D61983.C997FE80]

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com><mailto: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><mailto: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>
[cid:7029b209-7d72-4ff3-a3f4-7f0f7da9282c][cid:image006.jpg at 01D61983.C997FE80]
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.  IF YOU ARE NOT THE INTENDED RECIPIENT, DO NOT READ, DISTRIBUTE OR REPRODUCE THIS TRANSMISSION (INCLUDING ANY ATTACHMENTS).  IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER BY E-MAIL REPLY.

 IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________

WSBAPT mailing list

WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>

http://mailman.fsr.com/mailman/listinfo/wsbapt

--

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<mailto:Felicia at skagitprobate.com>

IMPORTANT:

1.  This office does not accept service of pleadings or process service by e-mail or fax except with the express prior permission of the intended recipient.

2.  This email address is not monitored at all times. If your matter is urgent, please phone my office.

3.  Messages sent to or from my office via email are not encrypted and not secure.

4.  This email may contain confidential material protected by attorney/client privilege, and is intended for use solely by the above referenced recipient. Any review, copying, printing, disclosure, distribution, or other use is strictly prohibited and may be unlawful. If you are not the named recipient, or may have received this email in error, please reply to sender and delete the copy you received.

5.  This message does not provide any legal advice, or imply an attorney-client relationship, and does not contain the signature of the sender or any other party.  You are not a client of this law firm unless you have paid a retainer and signed an attorney/client agreement for representation on a particular matter.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200423/73cf8a3a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 14088 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200423/73cf8a3a/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 4280 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200423/73cf8a3a/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 9346 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200423/73cf8a3a/image006.jpg>