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

[rob at hctc.com]

Vacating convictions should work, and now with juvenile records, it is very easy. But Nick is right, if you can avoid a probate by a lack of probate affidavit, that might work. As I have said before, real property practitioners should make a friend in the title industry, an examiner you can work with. She or he can help you figure out how to get through their lack of probate affidavit process, as Nick says.  

 

Robert D. Wilson-Hoss

Hoss & Wilson-Hoss, LLP

236 West Birch Street

Shelton, WA 98584

360 426-2999

 <http://www.hossandwilson-hoss.com> www.hossandwilson-hoss.com

 <mailto:rob at hctc.com> rob at hctc.com

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Wednesday, December 9, 2020 1:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: chris at hendry-law.com
Subject: Re: [WSBAPT] Probate where best candidate for PR has juvenile felony

 

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

 

 <http://www.pleasantslaw.com/> 

 

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
 <mailto:nick at pleasantslaw.com> nick at pleasantslaw.com

 <http://www.pleasantslaw.com> www.pleasantslaw.com 

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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: Wednesday, December 9, 2020 at 10:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto: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 <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of chris at hendry-law.com <mailto:chris at hendry-law.com> 
Sent: Wednesday, December 9, 2020 9:03 AM
To: wsbapt at lists.wsbarppt.com <mailto: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
 <mailto:chris at hendry-law.com> chris at hendry-law.com
 <https://url.emailprotection.link/?basKr9vk92a8vVw0XMnK5bsc8fKkEtKZOFbjAO7KnOBK96uKWCgy9VaARaAphlxhEnHbWuJbEAejxAM2YZw9yiQ~~> www.hendry-law.com



 

The information contained in this e-mail communication is privileged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication or the information contained herein is strictly prohibited. If you have received this communication in error, please immediately notify me by return e-mail and then delete this e-mail from your system. Thank you.

 

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