[WSBARP] Personal Representative

Tue Oct 30 10:43:12 PDT 2018

I have had obstreperous clients,  obstreperous witnesses,  obstreperous
siblings, obstreperous neighbors,  obstreperous dogs, and frankly, my own
mind, at times.
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Tue, Oct 30, 2018 at 10:09 AM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> It was certainly my “new word for the day.”
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *James W. Spencer
> *Sent:* Tuesday, October 30, 2018 10:00 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Personal Representative
>
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> Did anyone else have to look up “obstreperous”? What an excellent
> adjective. I’ll have to add it to my lexicon. 😊
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>
> 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
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> Seattle, Washington 98102
>
> Phone: (206) 324-4300 x106
>
> e-mail:  jamess at brothershenderson.com
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> 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.
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> 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.
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>
>
> *Andrew Hay*
>
> Hay & Swann PLLC
>
> 201 S. 34th St.
>
> Tacoma, WA 98418
>
> *www.washingtonlaw.net
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> *andrewhay at washingtonlaw.net <andrewhay at washingtonlaw.net>*
>
> 253.272.2400 (w)
>
> 253.377.3085 (c)
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> 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>
> *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> wrote:
>
> They say "no question is a dumb question" but....
>
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> 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.
>
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> 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?
>
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> Jim Doran
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> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street -  Suite 205
>
> Bellingham, WA 98225
> (360)393-9506
>
> jim at doranlegal.com
>
> www.doranlegal.com
> <https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.doranlegal.com&data=02%7C01%7C%7C9d11b155a37c4bace25508d63e89dfc9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636765159216693038&sdata=LuxErHZqS5NDijZxlsVJylvhYtEo6gSIVDYEMc6S%2BhU%3D&reserved=0>
>
>
>
> --
>
> Mary K. Henderson
>
> Henderson Law Office PLLC
> 1123 Maple Ave SW, Suite 225
>
> Renton, WA 98057
>
> 206-650-2472
>
>
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