[WSBAPT] Sole Heir Has Felony Convictions - Can Heir be PR

Wed Nov 9 14:43:00 PST 2022

Jeff: picture you giving “independent” advice to such a client employee.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, November 9, 2022 2:24 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Sole Heir Has Felony Convictions - Can Heir be PR

Thank you for all the responses.  Now the question is who can be PR?  The alternate PR, named in Will, is dead.  Decedent had not kids.  No known other blood relatives.  Is it ethical for me ask the court to appoint one of my staff to act.  They are probably better qualified then most to act as PR.

Jeff.

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
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Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, November 8, 2022 3:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Sole Heir Has Felony Convictions - Can Heir be PR

Well apparently you can be an attorney in Washington with really serious felony convictions but not serve as a PR. Seems weird and I think it's time to push for change.

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On Tue, Nov 8, 2022 at 3:13 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
I think that it is a horrible law - but I have been in Court (remember when we used to be in person in court to open probates?) and have heard a Judge tell someone with a petition where the PR was in the exact same position and their felony conviction was almost 40 years prior. Judge said no, and yes, it is about the creditors. Though they claim there are none, you won't know until such time as you have run through the publication and notice period.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

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On Tue, Nov 8, 2022 at 2:58 PM <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>> wrote:
Listmates:

I know Washington law is clear.  A felon cannot be PR.  However, when Felon is sole heir why not let them be PR (as person is named as such in the Will)?  They can’t steal from themselves.  In this case would the law be more worried about treatment of creditors.  I am told there aren’t any creditors or debts owed.  Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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