[WSBARP] Personal Representative

[James W. Spencer]

Did anyone else have to look up “obstreperous”? What an excellent adjective. I’ll have to add it to my lexicon. 😊

James W. Spencer
Please note that I will be out of the office with very limited access to email from October 10 – 29.
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Tuesday, October 30, 2018 9:18 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Personal Representative

I take it there is no will or no named PR in the will or no nonintervention language in the will.  However, if you are talking about a will with a named PR given nonintervention powers, and he/she is not disqualified because of a conviction or similar problem, then why not appoint the PR ex parte.   Then the obstreperous one has to do the leg work to try to get him removed which puts to the burden where it belongs.  If the will names the PR, a commissioner will appoint him ex parte.

If this is a situation with no will or no named PR, or the will does not provide nonintervention powers, then you have to set a hearing with notice to interested parties.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of MK Henderson
Sent: Monday, October 29, 2018 5:54 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Personal Representative

Jim, There is a bit of process if the heirs are not going to sign an agreement. If you want nonintervention powers for the PR notice of the petition for nonintervention powers needs to be filed with the petition and mailed on I think it is 14 days notice of the hearing for appointnent with nonintervention powers. Or you can file for appointment and request nonintervention powers later.

On Monday, October 29, 2018, Jim Doran <jim at doranlegal.com<mailto:jim at doranlegal.com>> wrote:
They say "no question is a dumb question" but....

Most of the probates I have done the heirs have agreed upon the appointment of the Personal Representative and I go to get the letters of Administration with signed stipulations for the appointment.

If it is known by my client that there will be objections to his appointment by a obstreperous sibling, what are we obligated to do?  Do we get the PR appointed with a standard Petition and then give the typical notices that gives the objecting heir an opportunity to come to court to object and plead their case?  Is it as simple as that?

Jim Doran



James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>


--
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472

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