[WSBAPT] Intestate estate with felon as only heir at law

[Marcus Fry]

David:
I don’t think you need a TEDRA.  Just the heir’s consent to the adult sponsor serving as PR.  He could simply join in the petition to appoint.  You are right at the end of the statute it provides for the appointment of “any suitable person” and this appears to fit your situation as there appears to be no one else suitable.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, July 22, 2020 10:16 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Intestate estate with felon as only heir at law

I've been contacted by a person with a felony conviction whose mother has recently died. Mother was widowed and the felon is decedent's only heir-at-law. I understand that RCW 11.36.010. We're trying to find the easiest and least-expensive means of proceeding here so that the felon can receive title to the family home. The felon's NA sponsor's daughter, who is an adult and has no criminal record, is willing to be appointed. My thought is we could enter into a TEDRA explaining the situation and requesting the NA sponsor's daughter be appointed, but I don't see any specific authority in RCW 11 that expressly allows for this kind of scenario, but it seems that the clause at the end of RCW 11.28.120 ". . . or any suitable person to administer such estate." might be the umbrella under which I find my answer. I just don't want to run through the process of drafting up documents if I'm missing an alternative approach that is more applicable and straight-forward. Any thoughts on the method I suggest?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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