[WSBAPT] Probate where best candidate for PR has juvenile

[Nicholas Pleasants]

We’re moving to a more holistic approach for picking fiduciaries under the new Uniform Guardianship Act. RCW 11.130.090 theoretically allows the court to appoint a felon as a conservator or guardian if the circumstances warrant it. Perhaps this is something to consider updating RCW 11.36.010 to match.
Best,
Nick
Nicholas Pleasants
Owner

[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>

Pleasants Law Firm, P.S.
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Bellevue, WA 98005-1755
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Thursday, December 10, 2020 at 12:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate where best candidate for PR has juvenile

Fascinating discussion considering that you can be an attorney with a felony record.

Kaitlyn

On Thu, Dec 10, 2020 at 10:20 AM Thomas M. Culbertson <tculbertson at lukins.com<mailto:tculbertson at lukins.com>> wrote:
This provision of the RCW has always struck me as unduly harsh, and fortunately I have never had to actually deal with it.  I wonder if an understanding commissioner might be convinced to appoint a felon/PR if the heirs and beneficiaries all signed waivers of that provision and urged the court to appoint the felon/PR.

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>


Date: Wed, 9 Dec 2020 09:03:18 -0800
From: <chris at hendry-law.com<mailto:chris at hendry-law.com>>
To: <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate where best candidate for PR has juvenile
felony
Message-ID: <012001d6ce4d$31ac7e00$95057a00$@hendry-law.com<http://hendry-law.com>>
Content-Type: text/plain; charset="us-ascii"

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<mailto:chris at hendry-law.com>> chris at hendry-law.com<mailto:chris at hendry-law.com>
<http://www.hendry-law.com/<http://www.hendry-law.com>> www.hendry-law.com<http://www.hendry-law.com>





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Message: 7
Date: Wed, 9 Dec 2020 18:26:21 +0000
From: Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>>
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
Message-ID: <5e3b0e950345410bbc323554dea99121 at wongfleming.com<mailto:5e3b0e950345410bbc323554dea99121 at wongfleming.com>>
Content-Type: text/plain; charset="us-ascii"

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
chris at hendry-law.com<mailto:chris at hendry-law.com><mailto:chris at hendry-law.com<mailto:chris at hendry-law.com>>
www.hendry-law.com<http://www.hendry-law.com><https://url.emailprotection.link/?basKr9vk92a8vVw0XMnK5bsc8fKkEtKZOFbjAO7KnOBK96uKWCgy9VaARaAphlxhEnHbWuJbEAejxAM2YZw9yiQ~~>
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com| www.dimensionlaw.com<http://www.dimensionlaw.com/>

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