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

[David Faber]

I really love this listserv. Thank you all for your kind guidance and
advice. I will plan on following Brent's specific direction, as I think
that will be the most satisfying for all involved.

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

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On Wed, Jul 22, 2020 at 10:57 AM Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> 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*
>
> Office/Scheduling Phone: (425) 830-5134
>
> Direct Mobile: (206) 889-7919
>
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> *As of July 1, 2019 - I began operating as the Law Offices of Brent
> Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
> points of contact Brent at Williams-RuthLaw.com <Brent at Williams-RuthLaw.com>
> and www.Williams-RuthLaw.com <http://www.Williams-RuthLaw.com> *
>
>
>
>
>
> 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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