[WSBAPT] Intestate Estate with spouse w/dementia

Thu Dec 1 15:42:49 PST 2022

Dalynne,
Be careful because you don’t want to trample on rights of someone who you know is demented. If you are appointing a PGAL for the stepmom with your initial petition, then I think the Ex Parte Commissioner might appoint son as Administrator without a hearing (I have successfully done this when next-of-kin are minors, so decedent’s sister petitioned and we had a PGAL appointed for minors, but no nonintervention powers). It is helpful that RCW 11.28.030 states that if it has been more than 40 days, surviving spouse is deemed to waive their right to administer the community property. BUT, you still have a problem that surviving spouse is a higher priority under RCW 11.28.120. Worth a shot, but don’t be surprised if your initial attempt gets rejected.
I think you need to note a hearing, mail a notice to stepmom, and just wait out the notice period applicable for a motion in the county you file in. Personally I think you need a PGAL regardless of whether stepson becomes guardian/conservator because of the inherent conflict of interest. Unless all property is Community Property and going to widow, then Mom potentially can claim family award under Ch. 11.54 RCW to acquire the separate property, and competent PGAL needs to analyze that. I’d be happy to serve as your PGAL if you like 😊.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, December 1, 2022 1:29 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate Estate with spouse w/dementia

I’d like to submit ex parte via the clerk pleadings to open intestate estate given the widow is in nursing care with severe dementia.  Seems the rule for “notice” to the widow is not likely to lead to any response.
The son of the decedent (widow is not his mother) will assist with establishing a guardianship of his stepmother.  I want to open probate – anyone able to do with w/o notice and hearing?  What proof do I provide to the court on the widow’s dementia and nursing home situation?  Thanks.

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