Legal Question in Wills and Trusts in Washington
Personal Rep. Refuses to Comply
In July of 2002 the personal representative of my aunt's estate was ordered by King Co. Superior Court judge to distribute her estate to the heirs. A year has passed and the pers. rep. is still refusing to distribute the estate. The family is poor and cannot afford to hire another attorney to address this matter. Is there a form the family can file with the court to force the pers. rep. to comply with the judge's order? The pers. rep. knows we cannot afford legal representation. Thank you very much.
2 Answers from Attorneys
Re: Personal Rep. Refuses to Comply
I recommend that you contact the King County Courthouse Facilitator. That office helps people without attorneys in superior court family law cases, but they may be able to help in this probate matter as well since it�s a family issue.
The facilitators usually provide the forms needed to make a motion and help you schedule the hearing. Some counties provide this service for free, some charge a nominal fee.
At the least, the facilitator should be able to make a referral to low cost or free legal aid organizations. Their office number is (206) 296-9092.
Re: Personal Rep. Refuses to Comply
Mr. Lustick had the best suggestion. However, here are a couple more just so that you are prepared after contacting the facilitator. First, perhaps contact Columbia Legal Services, a low-income legal clinic. However, I doubt they will take this on. You may need to enter into a contingency fee arrangement with an attorney - once you receive payment after the attorney assists you, he/she receives a percentage of what you recover but nothing if you fail to recover. This arrangement is unusual in probate proceedings but in this situation an attorney may be willing to take it on. Finally, when contacting the facilitator or considering bringing a motion before the court, you may wish to motion the court to remove the PR and appoint a new PR. The reason is the PR's failure to comply with the court order. That should be easy enough to argue.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
