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

[Richard Wills]

*Rob:  I do it a little differently:**
*

 1. *Under my NP, I give a 10-day notice under the NP statute of my
    intention to sell a parcel of real property.  That gives each
    interested party the opportunity to object.*
 2. *If no objection, then I proceed with the sale as stated in the notice.*
 3. *If objection, then I petition the Court for approval of the sale in
    a noticed hearing & give notice to all.*

*The benefit of this is that at least in King County, a MSC requires an 
initial, non-noticed, ex-parte hearing for the Court to issue a 
Citation, at $20, which I've then got to serve on all interested parties 
along with a copy of the MSC.  My procedure avoids having the initial 
hearing & the issuance of the Citation.**  I've done this many times & 
never had a problem with the Court about it.*


On 2/10/2015 8:33 AM, Rob Rowley wrote:
>
> 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 <mailto:rob at rowleylegal.com>
>
> Web Site: www.rowleylegal.com <http://www.rowleylegal.com/>
>
> Practice concentrated on business, real estate and general legal 
> matters in Washington and Idaho.
>
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>
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