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<div class="moz-cite-prefix">On 12/16/2014 12:34 PM, Dewey Weddle
wrote:<br>
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<div>O Wise Ones,</div>
<div> </div>
<div>Incapacitated person, subject of guardianship, passed away
last week. Will named her daughter (now deceased) as PR, and
her son as First Alternate. Estate estimated to be less than
$10K. </div>
<div> </div>
<div>I represent guardian, who is deceased's
granddaughter. Guardian, son, and others are beneficiaries of
the estate. Long history of strife between son, who was
removed as attorney-in-fact when guardianship was established
5 years ago, and guardian. (Guardian is protected by a DVPO
of 25 years duration because of son's conduct [death threats,
smashing out windshield of guardian's car]). Son, with the
assistance of a <em>pro bono </em>attorney from the local
Volunteer Lawyer Program, has dragged guardian into court many
times over the last two years, with one issue recently decided
by the Court of Appeals. Son has lost every time and has been
twice sanctioned by the Superior Court. He presently owes the
estate between $3,000 and $4,000 as a result of those
sanctions, and has no apparent ability to pay (chronically
unemployed and believed to be living on disability benefits).</div>
<div> </div>
<div>I am looking for authority or suggestions as to how I might
have the guardian appointed to administer the estate. RCW
11.88.150 (2) allows a guardian to petition to transfer a
guardianship to a probate proceeding under some circumstances
when the decedent dies intestate, but that is not the case
here. Son does not appear to be disqualified under the
statute to act as PR, because he is not a felon or has not
been convicted of a crime involving moral turpitude (unless
his convictions for violations of the DVPO count as moral
turpitude). Case law supports the proposition that the
statute is not exclusive, and that a court can refuse to
appoint a named personal representative for other reasons.</div>
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<b><br>
</b><b>Dewey --- There is WA case law standing for the proposition
that a named or appointed PR may be disqualified by showing that
he or she has a conflict of interest that prevents impartiality.</b><br>
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<div> I can think of many equitable arguments to have the son
disqualified and to have the guardian administer what remains
of this small estate, but I am also hoping that some of you
might have some suggestions. Of particular interest to me,
does the fact that the son owes the estate money (and in fact
has judgments against him) disqualify him to act as PR? Seems
to be a glaring conflict of interest to me. I also do not
think he is bondable. </div>
<div> </div>
<div>Having an independent administrator appointed is not a
viable option because payments to that person would
essentially result in nothing left to distribute. </div>
<div> </div>
<div>Best regards to all, and thanks in advance for your
thoughts,</div>
<div> </div>
<div>Dewey</div>
<div> </div>
<div>Law Office of Dewey W. Weddle, PLLC<br>
909 7th Street<br>
Anacortes, WA 98221</div>
<div> </div>
<div>Telephone 360-293-3600<br>
Fax 360-293-3700</div>
<div> </div>
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