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

Wed Jul 22 10:47:04 PDT 2020

I completely agree with Eric and add that I routinely open estates for deceased defendants for tort litigation and am appointed to serve as Administrator by the court.  Usually insurance is the only asset left in these estates.
I am the "only suitable person" when the family does open the estate.  Creditors have this same privilege.

I insert this in the Petition:

Dalynne Singleton, Attorney at Law is suitable to serve as Administrator in this Estate.  RCW 11.28.120 provides that "any suitable person" may be appointed as Administrator when other delineated family members fail to petition for appointment.  Here, the son of the decedent waives his right to administer the estate by petitioning for another's appointment.  See In re Estate of Sullivan, 25 Wash. 430, 439, 65 P. 793 (1901).

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, July 22, 2020 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate estate with felon as only heir at law

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <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 <wsbapt at lists.wsbarppt.com<mailto: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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