[WSBAPT] Probate, Protection Order, Competency, and Guns

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________
September 24, 2026

Mark,

I'm not available for your matter in the Tri-Cities but I'm not really 
understanding the issue.

It sounds like Timothy is a young guy (he just graduated from high 
school in July.)

When you say that his grandmother had him "declared", do you mean she 
got an order saying he in incompetent?  Or, are you saying she got an ex 
parte Extreme Risk Protection Order against him, as a potential danger 
to himself and others due to firearms in his control?  And, that the 
permanent hearing on that is Monday?

You don't say what the facts are of your situation but it's not clear to 
me that even if he is deemed an "extreme risk", that it has nothing to 
do with whether or not he can be appointed as the PR of his father's 
estate- especially if he is the ONLY heir.

Are grandmother and felon uncle saying Timothy is of unsound mind?

Does Timothy have to be smart to be appointed as PR?  I think I once had 
a client who was not the smartest be appointed as PR. However, he was 
honest and there was no challenge to his appointment. I know a judge 
would have some discretion in regards to an appointment. But, I think if 
he is of sound mind, there are no acts of dishonesty, and if he has not 
been convicted of a felony or crime involving moral turpitude, he should 
be good to go?

I know we don't know the facts of the situation, but I have to wonder if 
the grandmother and uncle don't have improper or misguided motives.

Keep us posted.  I'll be curious how your hearing goes.
Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2026/09/24 02:40 PM, Mark Anderson wrote:

> Dear All:
> 
> PC needs prompt help.  He wrote to me today and said this:
> 
> This thing is just a mess.  He is a friend, who I have known since he
> was 4.  He graduated but is a bit slow to comprehend things.  His
> father passed away a month after he graduated high school (in early
> July), and ever since his only full relative (his grandmother) had him
> declared in an emergency protection order a potential harm to himself
> and others.  Which the hearing is scheduled to be decided Monday.  I
> will be in Tri-Cities with him during that online appearance which was
> filed in Chehalis court.  So, probate may be contested by the
> grandmother, and she may have filed probate already.  Grandmother had
> already demanded the guns which were stored at a licensed dealer, and
> because of a threat, he gave them to her.  Her son (Timothy's half
> Uncle) who is a convicted felon helped carry the guns out.  The felon
> is the one who filed the petition to have the guns removed on behalf
> of the grandmother.
> 
> Frankly, it is a big mess.  I think what we really need now is advise
> which we are certainly willing to pay for.
> 
> I don't think this is going into litigation, and we are planning on
> him filing for probate on Monday when we are in the tri-cities.
> 
> Let me know if this is something you are willing to share advice over
> and we can fill you in on the rest of it.
> 
> Who is willing to connect with the PC and help him?
> 
> Thanks much.
> 
> Mark B. Anderson
> ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209, PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com [1] [1 [2]]
> 
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