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

[Eric Nelsen]

Yes, "any suitable person" is appropriate and can cover this situation. I use the following in my petition:

Petitioner is not a preferential candidate for Letters of Administration pursuant to RCW 11.28.120.  However, the request of all the heirs that the Petitioner be appointed is entitled to weight.  State ex rel. Cowley v. Superior Court, 158 Wash. 546, 555, 291 Pac. 481 (1930).  The appointee selected by the Court need not be a member of a preferred class.  In re Leith's Estate, 42 Wn.2d 223, 225, 254 P.2d 490 (1953).

I would disclose in the petition that the son and only heir is not qualified to act, and have him also sign the petition confirming that he wants his sponsor's daughter to act as Administrator.

Alternatively, could have the son be the Petitioner, asking for sponsor's daughter to be appointed, and she could sign the petition confirming that she is qualified and willing to act.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Wednesday, July 22, 2020 10:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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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