[WSBAPT] now what?

[Dewey Weddle]

Mark and Michele,

Thanks so much for your responses.  I will take what you have written into consideration as I move forward.


Kind regards,


Dewey


Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221


Telephone: 360-293-3600

Fax 360-293-3700



________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mark Vohr <mcv at ohanafc.com>
Sent: Friday, June 20, 2025 3:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] now what?


Dewey –



          I’ll take a shot at this.  To simplify matters, although your client is guardian/conservator for both – you must still treat them as separate.  I would guess your client was appointed under two separate cause numbers.    I would not vacate anything.  Instead, just go through the various steps, although on a shortened timeframe.   I.e. File an inventory of both conservatorships and a care plans for both guardianships within 90 days – noting that the father died and asking the court to approve the father’s care plan, which includes terminating the guardianship because of death.  For the father’s conservatorship, instead of a 90 day plan I would prepare and a first and final report (covering the four days the father was alive) and file it with the inventory at the 90 day mark.  Tell the court that the son plans to transfer the conservatorship assets as stated in the first and final report to the appointed personal representative of the father’s estate and once that is done petition to have the conservator discharged.  As for the mother’s conservatorship, once her inventory and conservator’s plan is filed at the 90 day mark, there shouldn’t be anything left to do until the annual report.



The idea here is that by following the steps, your client is really doing what they have to do anyway, just putting it all in the context and format of a terminating guardianship and conservatorship and then into a probate.  Remember, the conservator has the authority to pay for disposition of remains from the father’s conservatorship, so the cash flow should be available there.



Hope that all makes sense.  That’s likely not the only way to do it, but I like this approach because it is orderly and fulfills all the duties along the way without too much duplication.



Regards,



Mark



Mark C. Vohr, J.D. CPGC

Ohana Fiduciary Corporation

A Washington Trust Company

155 NE 100th St., Suite 209

Seattle, WA  98125

Telephone:  (206) 782-1189



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dewey Weddle
Sent: Friday, June 20, 2025 2:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] now what?



Friends, Romans and Colleagues,



I have an unusual set of circumstances in a guardianship case and I am hoping that maybe some of you have some suggestions as to how to proceed.



My client was appointed as guardian of the person and conservator of the estate of an elderly married couple on June 12, 2025.  There are two adult children who do not get along at all.  The son was acting as the agent for them under a DPOA but wanted out because of the constant fighting with his sister, hence the guardianship.



On June 16, 2025 (four days after my client was appointed) father dies.  As we all know, a guardianship/conservatorship terminates upon the death of the Individual.  Father's Will leaves everything to his spouse, and names the son as Personal Representative.  Daughter is excluded as a beneficiary.



My thought is to ask the Court to vacate the Order establishing the Guardianship, and then hand it off to the son to probate father's Will, even though he would prefer not to get dragged into legal proceedings involving his sister.



Does my idea sound like a sound approach?



Kind regards to all,



Dewey



Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221



Telephone: 360-293-3600

Fax 360-293-3700




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