How to Challenge Inventory and Appraisal and Remove a Personal Representative

Question from j, How to Challenge Inventory and Appraisal and Remove a Personal Representative

Answer from AI:

Introduction

If you believe that a personal representative has mishandled the estate, you can file a petition to challenge the inventory and appraisal, and request the removal of the personal representative. This guide will help you understand the process, relevant laws, and steps to take.

Key Issues

In this case, the main issues are:

• Omitted assets, specifically Mike’s Auto Exchange LLC.
• Improper transfer of the decedent’s 85% shares in the LLC.
• Failure to comply with Washington Administrative Code (WAC) requirements.
• Lack of documentation and proper procedures.
• Disputed ownership of a Kubota tractor worth around $30,000.

Relevant Laws and Regulations

• Revised Code of Washington (RCW) 11.68.070: This statute allows interested parties to petition the court to remove a personal representative if they have failed to perform their duties.
• Washington Administrative Code (WAC) 308-66-1212: This code requires notification to the appropriate authorities within 10 days of a transfer of more than 51% ownership in a licensed dealer.

Steps to File a Petition

1. Gather Evidence: Collect all relevant documents, including the one-page transfer document, any communications, and evidence of the personal representative’s failure to comply with WAC 308-66-1212.
2. Draft the Petition: Write a detailed petition outlining the issues, citing relevant laws, and requesting the removal of the personal representative. Below is a sample format:

         [Your Name]
         [Your Address]
         [City, State, ZIP Code]
         [Email Address]
         [Phone Number]
         
         [Date]
         
         [Court Name]
         [Court Address]
         [City, State, ZIP Code]
         
         Re: Estate of [Decedent's Name], Case No. [Case Number]
         
         Dear Judge [Judge's Name],
         
         I, [Your Name], an interested party in the estate of [Decedent's Name], hereby petition the court to challenge the inventory and appraisal and to remove [Personal Representative's Name] as the personal representative of the estate. The reasons for this petition are as follows:
         
         1. Omitted Assets: The personal representative has failed to include Mike's Auto Exchange LLC, in which the decedent held an 85% interest, in the estate inventory.
         
         2. Improper Transfer: The personal representative orchestrated the transfer of the decedent's shares without amending the certificate of formation or complying with WAC 308-66-1212, which requires notification to the appropriate authorities within 10 days of a transfer of more than 51% ownership.
         
         3. Lack of Documentation: The transfer was documented with a one-page, unwitnessed, and unnotarized document. No additional documentation or paperwork trail has been provided to prove rightful ownership.
         
         4. Kubota Tractor: The personal representative claims that tractors do not come with titles and has not provided sufficient documentation to support this claim.
         
         Based on these issues, I request that the court:
         a. Challenge the inventory and appraisal of the estate.
         b. Remove [Personal Representative's Name] as the personal representative.
         c. Appoint a successor personal representative.
         
         Thank you for your consideration.
         
         Sincerely,
         [Your Name]
       

3. File the Petition: Submit the petition to the probate court handling the estate. Ensure you follow the court’s filing procedures and pay any required fees.
4. Serve the Petition: Serve a copy of the petition to the personal representative and any other interested parties as required by law.
5. Attend the Hearing: Be prepared to present your case at the court hearing. Bring all evidence and be ready to explain why the personal representative should be removed.

Consult a Legal Professional

While this guide provides a general overview, it is crucial to consult with a legal professional for personalized advice. An attorney can help you navigate the complexities of probate law and ensure that your petition is properly drafted and filed.

Additional Resources

For more information, you can refer to:

• RCW 11.68.070
• WAC 308-66-1212

Remember, this guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney for specific legal guidance.