[WSBAPT] Probate where best candidate for PR has juvenile

Thu Dec 10 13:02:49 PST 2020

That is good.  I understand the 'intent' of this law, considering a PR's
access and/or control of finances that belong to others, but there are many
felony convictions that have no fiduciary element.  In my case above,
felony convictions were quite old and mostly based on drug use/possession
(only one was not and that was a DV assault matter).

Best,

Laurel

On Thu, Dec 10, 2020 at 12:56 PM Nicholas Pleasants <nick at pleasantslaw.com>
wrote:

> 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
>
>
>
> *[image: (Logo) Pleasants Law Firm]* <http://www.pleasantslaw.com/>
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> 2300 130th Ave NE, Suite A-101
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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> 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
>
>
>
>
> Date: Wed, 9 Dec 2020 09:03:18 -0800
> From: <chris at hendry-law.com>
> To: <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Probate where best candidate for PR has juvenile
> felony
> Message-ID: <012001d6ce4d$31ac7e00$95057a00$@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> chris at hendry-law.com
> <http://www.hendry-law.com/> www.hendry-law.com
>
>
>
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> ------------------------------
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> Message: 7
> Date: Wed, 9 Dec 2020 18:26:21 +0000
> From: Candace Wilkerson <cwilkerson at wongfleming.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Probate where best candidate for PR has juvenile
> felony
> Message-ID: <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 <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~~
> >
> [cid:image001.gif at 01D6CE15.ACF523B0]
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> Thank you,
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>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
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-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*info at lbrownlaw.com <info at lbrownlaw.com>*
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