[WSBARP] Attorney As Substitute Personal Representative And Recommended Provisions In Order of Appointment?
Richard Wills
richardwills at washington-probate.com
Tue Feb 10 16:13:03 PST 2015
*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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