[WSBAPT] Supplementing petition for non-intervention powers

[Heather de Vrieze]

If you didn’t include in brother’s declination that he consented to her appointment, with full nonintervention powers, notice and hearing is generally required for nonintervention powers to be granted.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Thursday, October 1, 2020 2:38 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Supplementing petition for non-intervention powers

Hello-

Last question of the day. :)

We have a client whose mother died with a will that didn't request non-intervention powers, which Petition was denied by the commissioner, but we can't quite figure out why. The estate is solvent and the successor PR (our client) is named in the will. We filed a declination for the first PR, the brother, also referenced in the Petition.

We say in the Petition that the will does not specifically direct that the PR shall not be granted non-intervention powers, but that they should be granted per RCW 11.68.011.

In the Motion to Reconsider, do we simply say we filed the waivers for the other beneficiaries per RCW 11.68.011(3), and mention that the proposed PR is not a creditor of the Decedent? Is this the "supplementation" to which the commissioner is referring, or something else under "Qualifications"?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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