Nonintervention powers grant specific authority to estate representatives.
Do you want to bypass the probate court when giving authority to your estate representative?
If so, then nonintervention powers would be an option for you.
In a recent summary on justia.com titled “In re Estate of Rathbone,” the Washington Supreme Court upheld this practice.
Ms. Rathbone nominated her son Todd as the personal representative of her estate with a nonintervention will.
Her other son Glen did not approve of how Todd was administering the will.
Consequently, Glen filed a petition to request an accountancy.
The Washington Court of Appeals ruled in favor of Glen, overruling how Todd interpreted the will.
Todd then appealed.
The Washington Supreme Court overturned the ruling from the Court of Appeals.
Ms. Rathbone had specifically created a nonintervention will.
Accordingly, the courts intervention went against the specific nonintervention desires of the testatorix, Ms. Rathbone.
Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.
For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.
Reference: Justia (Feb. 9, 2017) “In re Estate of Rathbone”