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

Fri Apr 24 13:23:52 PDT 2020

Jeanne, before you go the probate route, call a title office and ask them if
they will insure on a LOPA from the two sons.
The sons should be able to sign the listing. I know I am a broken record,
but title vests in the heirs (the sons) by operation of law under 11.04.250.
Probate and a will can simply override the presumption of vesting in the
heirs. So the sons own the property and can sign the listing.
Mike

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeanne Dawes
Sent: Friday, April 24, 2020 10:27 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Odds of Appointing PR with a 40-yr-old felony
conviction

Thanks for the input.  I have used lack of probate affidavits to transfer
inherited property to those who would receive the property if the estate was
probated, and that usually goes pretty smoothly, however, someone with
authority needs to sign a listing agreement and a PSA, so we need a PR.  

The consensus appears to be that the court does not have the discretion to
waive the felony conviction criteria, in my case the felony cannot be
vacated, and so I will go with an independent PR, which is what I thought I
would need to do.  I really appreciate the feedback.

Be well, Stay safe.

Jeanne 

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

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From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Mike Jacobs
Sent: Thursday, April 23, 2020 3:22 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

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 <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
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

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 |  <http://www.eisenhowerlaw.com/>
www.eisenhowerlaw.com
From: wsbapt-bounces at lists.wsbarppt.com
<mailto: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  <mailto:wsbapt at lists.wsbarppt.com>
<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
 <mailto:jjdawes at goregrewe.com> jjdawes at goregrewe.com

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