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

[Eric Nelsen]

I like Brent's suggestion better than mine-to have the son "decline" to serve instead of stating that he is "not qualified." No reason to go so far as I initially suggested.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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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 Brent Williams-Ruth
Sent: Wednesday, July 22, 2020 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate estate with felon as only heir at law

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
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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On Wed, Jul 22, 2020 at 10:26 AM David Faber <david at faberfeinson.com<mailto: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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