[WSBAPT] Probate where best candidate for PR has juvenile felony

[Nicholas Pleasants]

RCW 11.36.010 is pretty clear. Not a lot of options there. I have heard of possibly trying to get the conviction expunged, but I’m not sure that solves your problem.
Can you avoid probate? Title company may insure with a Lack of probate affidavit. Is your client the only intestate heir? That should be pretty straightforward for a LOPA. If there are multiple intestate heirs, you could do a NJBA, or get all of the heirs to sign the LOPA. Remember, with regard to real estate, you can work with a title company to come up with a solution. You can order a preliminary commitment and then talk with the title officer. The mortgage servicer should be relatively patient if they learn the mortgage holder is deceased and family is working to sell the house.
If you solve the real estate problem, then as regards the other assets, perhaps that would be appropriate for a Small Estate Affidavit, again obviating the need for a formal probate.
Best,
Nick

Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Candace Wilkerson <cwilkerson at wongfleming.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, December 9, 2020 at 10:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate where best candidate for PR has juvenile felony

I would be interested in seeing what others say, but I haven’t found a way around a felony conviction in fiduciary appointments, even if it occurred decades ago.  Can a professional PR be appointed?  Is there any equity in the home that could be used to pay that person/entity’s fees?

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of chris at hendry-law.com
Sent: Wednesday, December 9, 2020 9:03 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate where best candidate for PR has juvenile felony

Good morning everyone,

I am assisting a pro bono probate client and just learned they have a juvenile felony. The decedent died without a will, and there aren’t any other suitable candidates to serve as PR. Have any of you dealt with a similar situation or have any ideas on options available. The main asset of the estate is a home that is in default, so time is of the essence.

Respectfully,

Chris Hendry
Hendry Law, PLLC
1001 S. Yakima Ave., Suite 1, Tacoma, WA 98405
(253) 441-7826
chris at hendry-law.com<mailto:chris at hendry-law.com>
www.hendry-law.com<https://url.emailprotection.link/?basKr9vk92a8vVw0XMnK5bsc8fKkEtKZOFbjAO7KnOBK96uKWCgy9VaARaAphlxhEnHbWuJbEAejxAM2YZw9yiQ~~>
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