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

Tue Feb 10 13:38:33 PST 2015

Rob:
Five days is a great deal of time to allow them to object.  Anyway to shorten to 24-48 hours.  Because if they object, you now have a longer period to wait and might lose the buyer.  Alternatively and likely better, if you are allowed to enter into the REPSA with the condition precedent of obtaining court approval as outlined in the court order if necessary, this would work.  You may want this clarified because I had a case where the heir objected to PR entering into the proposed PSA subject to court approval (intervention estate) which was absurd because the objecting heir couldn’t outline how they were harmed.  Wasted a bunch of time and money.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, February 10, 2015 1:22 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Attorney As Substitute Personal Representative And Recommended Provisions In Order of Appointment?

I did this last year on a case that ended up taking a lot of time.

I would make sure that your regular hourly fee is in the order, so you don’t have any hiccups there.  Otherwise, once you have nonintervention, you should be good to go.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

From: Rob Rowley<mailto:rob at rowleylegal.com>
Sent: Tuesday, February 10, 2015 8:33 AM
To: WSBA RPPT<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Attorney As Substitute Personal Representative And Recommended Provisions In Order of Appointment?

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.

[cid:image001.jpg at 01D04536.DCA92ED0]Robert R. Rowley | Attorney at Law
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Telephone: (509) 252-5074
Mobile: (509) 994-1143
Facsimile: (509) 928-3084
Email: rob at rowleylegal.com<mailto:rob at rowleylegal.com>
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Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

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