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

[Brent Williams-Ruth]

David -

I had a similar situation and treated it (to be delicate) as a declination.
The statement being that the Beneficiary is the only heir and that they
decline to serve but have no objection to the appointment of Jane Doe.  The
Court had no problem at all granting that. It my situation it was also
about three months after passing before they contacted my office so there
was the fact no one else had stepped forward.

Best of luck!

Brent

*Brent Williams-Ruth*
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On Wed, Jul 22, 2020 at 10:26 AM David Faber <david at faberfeinson.com> wrote:

> 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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