[WSBAPT] Limitations on Powers of PR

Heather de Vrieze heatherd at westseattlelaw.com
Wed Sep 22 15:55:05 PDT 2021


Making a specific gift of a piece of real property does not preclude the Personal Representative from obtaining nonintervention powers. Though it is a bit weird if the requirement to distribute it in kind is mentioned in the Personal Representative powers section rather than the gifts/distribution section.

Heather

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Wednesday, September 22, 2021 3:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Limitations on Powers of PR

Hello Listmates,
If a will limits a PR's authority to sell a particular asset and instead requires that the asset is transferred to the beneficiary in kind, is there any concern that such a limit will cause the court to deny non-intervention powers generally? (Assuming the will otherwise purports to grant non-intervention powers.)

Setting aside the practical reasons that you might not want to limit the PRs authority, I want to confirm this would not negate a non-intervention probate.

Thank you for your time and consideration.

Warmly,
Laura

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Laura Latta
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Phone (206) 841-2344
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