[WSBARP] Attorney As Substitute Personal Representative And Recommended Provisions In Order of Appointment?

Rob Rowley rob at rowleylegal.com
Tue Feb 10 08:33:33 PST 2015


I am in the process of being appointed as substitute personal
representative of a contested estate, without bond and with
non-intervention powers, which has lots of real estate, which needs to be
liquidated and sold.  The heirs are represented and have been very
contentious.  There's been a mediation where the current personal
representative is resigning and I am a being appointed by the court (and
the attorneys) as substitute personal representative to oversee the
liquidation of the estate.  I have a good working relationship with the
attorneys for the contentious heirs.



Any thoughts on recommended provisions which I would want to have
incorporated into the stipulated order of appointment which would speed up
the liquidation, minimize disputes, minimize expense to the estate, and
generally protect myself from the contentious heirs?  The proposed order
does have currently a show cause provision as to the sale of real estate,
where I would provide notice to the heirs and their attorneys as to any
proposed sale and then would give them five days to object.  If no
objections then I have nonintervention powers to sell the real estate.  If
an objection then I can note a show cause hearing before the assigned judge
as to why the property should not be sold.  Similar to a bankruptcy model.



Also, any wisdom from those grizzled veterans who have been through this
process before and survived without too many bullet holes?



Thank you.





*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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