[WSBAPT] Problematic successor personal representative

[Adrienne Keith Wills]

Hi all:

King County probate in progress.  Current PR was appointed per decedent's Will and is very organized and responsible.

The PR has plans to travel internationally for about one month this summer.

Successor PR named under the Will has a history of addiction issues, and had a recreational opioid overdose within the last two weeks.  Successor PR was hospitalized following the overdose.  Current PR has been told that successor would be imminently discharged from the hospital to involuntary rehab.  Successor PR is also in poor health aside from substance abuse.

As I understand the relevant statutes, if the PR were to die while traveling, then that would be the time at which the court would issue new letters testamentary.  Current PR recommends her adult son (a nephew of the decedent) as a better successor PR.  Under RCW 11.28.280, and RCW 11.28.120 (and possibly RCW 11.36.010), it seems plausible that the court could order the current PR's son as successor PR if current PR were to die.

Although current PR has asked about what she can designate in advance of her trip, my reading of the statute is that this is an issue the court would only address when a PR passes.  That said, it seems like a declaration by the PR in support of the potential appointment of her son may be useful in the unlikely event of her passing - thoughts or other ideas?

Thank you, Adrienne

 --
Adrienne Keith Wills, Attorney/Mediator
Wills Law Firm Inc. | www.WillsLawFirm.com<http://www.willslawfirm.com/>
1700 7th Ave #2100 | Seattle, WA 98101

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