[WSBARP] Probate-Personal Rep. ?

[Eric Nelsen]

Has to be by Motion. Sounds like client was already appointed as PR, and
so will be resigning? The current PR has to account to the successor PR
under
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.28&full=true#11.28.290>
RCW 11.28.290. Beware potential conflict of interest if you represent
current PR and the successor PR--current PR has a duty to account and
successor PR has a duty to ensure that he receives everything, so a
discrepancy or other issue could put them into a dispute.

 

Keep in mind also if the Will names a different alternate PR, that person
also needs to waive before the Court will appoint someone not nominated in
the Will (which is technically an Administrator With Will Annexed,
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.28&full=true#11.28.060>
RCW 11.28.060 and .070).

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Justin Monro
Sent: Tuesday, June 03, 2014 9:56 AM
To: 'wsbarp at lists.wsbarppt.com'; 'wsbarp at listserv.nethelps.com'
Subject: [WSBARP] Probate-Personal Rep. ?

 

Listmates:

 

I filed probate on behalf of my client in (sno. Co) including the original
will. Original will appt. client as PR. . However, client does not want to
be PR, because of personal reasons. Clients grandson has agreed to become
new PR, and client has also agreed. Client has a dec ready to be filed
requesting grandson to be new PR and grandson will agree to sign oath.  Do
I need to file a new motion with order requesting new PR to be signed by
judge/commissioner or judge file the dec with oath and receive new letters
of testamentary? Thanks.

 

Sincerely,

 

 

Justin K. Monro

Attorney at Law

The Monro Law Firm P.S. Inc.

1830 Bickford Ave. Ste 204

Snohomish, WA 98290

P:360.863.3728

F:360.863.3985

 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
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