[WSBARP] Juvenile Felony and Administration of Estate

[Josh Grant]

I think the key is that juvenile offenses are not criminal they are civil, unless the defendant was remanded out of juvenile court and prosecuted as an adult.  There being no criminal conviction, I see no reason that the person couldn’t be a PR.

I retired as a DPA and a Dt. Ct. Judge awhile ago so this may have changed.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: scott at scottgthomaslaw.com 
Sent: Wednesday, May 20, 2020 7:51 AM
To: 'WSBA Real Property Listserv' 
Subject: Re: [WSBARP] Juvenile Felony and Administration of Estate

An illustration of why juveniles should follow the process to have their records expunged as soon as they are able.  Several pro bono legal services providers in Washington have programs set up to assist.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of tim at tewilliamslaw.com
Sent: Tuesday, May 19, 2020 6:51 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Juvenile Felony and Administration of Estate

 

The key here is not whether it was as a juvenile, but whether civil rights have been restored. That is now automatic in WA as long as some requirements have been met. Restores all rights except firearms (which can also be done, by a separate process). While I believe this clearly includes fiduciary duties such as PR, Guardian etc., courts have wide discretion to deny PR to someone who is “unsuitable”. I had a case where a named PR had a theft charge, went into diversion, and was told it “would go away”. It doesn’t. Even though she was never convicted, Commissioner looked at the charge, noted how recent (12 years) and said no. Hope this helps.

 

Tim Williams

 

Timothy E. Williams

Attorney at Law

5302 Pacific Ave

Tacoma, WA 98408

(253) 591-7088

(253) 591-7086 fax

tim at tewilliamslaw.com

www.tewilliamslaw.com 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mike Jacobs
Sent: Tuesday, May 19, 2020 5:33 PM
To: WSBARP at lists.wsbarppt.com
Subject: [WSBARP] Juvenile Felony and Administration of Estate

 

List, 

 

RCW 11.36.010 disqualifies any person who has been convicted of a felony from being appointed Personal Representative.  Does that include persons who were convicted as juveniles?  I was thinking that it should not, but I am having a difficult time finding an answer one way or another.  Any thoughts would be appreciated. 

 

Sincerely,

 

Michael P. Jacobs

Riach Gese Jacobs, PLLC

7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036 

Phone: (425) 776-3191 | Fax: (425) 425-775-0406 

 

As we face the challenges presented by COVID-19, we want to update you as to the steps we are taking at Riach Gese Jacobs, PLLC.  Our top priority is the health and safety of our employees, clients, colleagues and friends, and all of their families and communities. 

Therefore, staff are working remotely and we have limited staffing in the office to maintain critical functions. We are able to make and receive telephone calls, access files, emails and voicemails.  Attorney/client meetings will be handled by teleconference or virtually where able.  

 

We continue to assist our clients with their estate planning needs, and signing of estate planning documents is being handled on a case-by-case basis.  

 

Be assured that we will continue to advise and support our clients throughout this health emergency.

 

 

REPRESENTING OUR COMMUNITY SINCE 1959

 

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

 

 



--------------------------------------------------------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200520/727fd88a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200520/727fd88a/advocates3.png>