SENATE BILL REPORT

SB 5680

BYSenators Moore, Nelson, Newhouse, Bottiger and Pullen

Permitting certain former felons and misdemeanants to act as personal representatives.

Senate Committee on Judiciary

Senate Hearing Date(s):February 17, 1987; February 19, 1987

Majority Report:  That Substitute Senate Bill No. 5680 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  February 19, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 19, 1987

BACKGROUND:

The statute on qualifications of a personal representative (administrator of the will) provides that anyone convicted of a felony or of a misdemeanor involving moral turpitude cannot act in that capacity.

Persons who work in the area of wills and trusts believe that this restriction is unnecessarily harsh and courts should be given more discretion in respecting the intentions of a testator who is aware of the past conviction.

SUMMARY:

Persons who have been convicted of a felony or a misdemeanor involving moral turpitude may act as a personal representative if:  (a) the decedent named the person in the will to serve as a personal representative, (b) the decedent knew the person had been convicted of a felony or of a misdemeanor involving moral turpitude, and (c) the court finds that there is no additional reason for disqualification of the person as a personal representative.

EFFECT OF PROPOSED SUBSTITUTE:

The bill remains the same except for the following:  The court must be informed that a proposed personal representative has been convicted of a felony or a misdemeanor involving moral turpitude.

Fiscal Note:      none requested

Senate Committee - Testified: Earle Murray, Beneficial Management Corp. of America