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

Thu Apr 23 15:22:07 PDT 2020

I have recently had two cases where the Lack of Probate Affidavit has been improperly used to eliminate an heir's interest in the property.  Frankly, I am stunned that title companies allow title to be insured with these documents.

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, April 23, 2020 2:50 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

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:image001.jpg at 01D61982.F2E62420]

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:image002.jpg at 01D61982.F2E62420]
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