[WSBAPT] Alternatives for PR

Thu Aug 14 12:31:00 PDT 2014

I’ve also been asked by several estate planning clients to serve as their
PR. I’ve done so only in situations where I consider the clients to be
close personal friends, and, if I eventually serve, I have no intention of
taking a fee. I think one of the best things we can do is to recognize
that some people in this world are quite isolated – and have no family or
close friends that they would trust to serve. It’s hard for people to
discuss that so it’s important to show compassion & appreciation, letting
them know that this situation happens with some frequency.  It’s an honor
to be asked to serve. However, as indicated by others, I agree that it’s
best to recommend that the client instead choose a professional fiduciary
such as Partners in Care. 

 Stacey L. Romberg, Attorney at Law
10115 Greenwood Avenue N., PMB #275
Seattle, Washington 98133
Telephone: 206-784-5305
Facsimile: 206-789-8103
E-mail:  <mailto:info at staceyromberg.com> info at staceyromberg.com
Web site:  <http://www.staceyromberg.com> www.staceyromberg.com 

Practice concentrated on business law, estate planning and probate.
Office Hours: Monday - Friday, 9:00 - 5:00. Client appointments scheduled:
Tuesday, Thursday, Friday. 

NOTICE
The contents of this message and any attachments may be protected by the
attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the
message. Thank you for your assistance.

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Thursday, August 14, 2014 11:41 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Alternatives for PR

This thread brings to mind a few things:

1.      Most clients want to name a relative, because they expect the
relative to work for free. That’s not always how it works out, but that
seems to be the expectation. 

2.      For some reason, known only to God, our clients seem to think that
we will still be working when they die. Unless you expect to work until
you die in your office (i.e., far beyond the retirement age for most
folks), and  your clients are enough older than you to die before you
aren’t working any more, they should be disabused of that idea. So, will
you, or any other now-competent attorney, still be around and working when
the time comes to serve?

3.      Relatives often not only work cheaper (since “cheap” is the
operative idea in not having a professional do the job), but they can get
away with a lot of stuff professionals can’t, including – but not limited
to – not doing due diligence, not procuring E&O insurance, not keeping
meticulous books and records, not getting professional appraisals. Clients
should be apprised that “casual” and “professional” or “attorney” don’t go
together. If you do the job, you will have to go by the book, at risk of
being disciplined by the Bar Association, as well as sued by disaffected
heirs’ lawyers looking for a deep pocket, if you don’t (ergo, you will not
be the cheap alternative).  

4.      “Leery” people will still be leery when the estate of the first is
being probated. There is an old saw, “The hidden resentments always rise
up when the last parent dies.” There may be ‘trouble ahead, trouble
behind, so Casey Jones you better watch your speed’ in accepting the
clients’ easy way out of their distrust by naming the person who is most
likely to be accused by upset beneficiaries of using his position to
influence them to let him line his pockets as PR. 

I have never agreed to serve as a PR for a client, but I did one time
agree to join with another in appointing a successor trustee. When the
time came, and even though the proposed successor trustee was a close,
trusted relative, and perhaps because of that, to me fell the burden of
conducting the due diligence: education, experience, capability,
compatibility with the trust beneficiary, absence of criminal history,
reasonableness of fees to be charged, etc. It was up to me (and my
co-designator, who you can be sure relied on my expertise on the due
diligence) to do the job correctly. So if you agree to serve as PR, be
sure you have a plan for the situation where a PR is needed and you are
unable to serve, you being either long retired or resting under your
shingle instead of ensconced in your office behind it. 

S

Samuel L. Furgason

Samuel L. Furgason, Inc, PS

Law Practice Limited to Existing Clients

800 Bellevue Way N.E., Suite 400

Bellevue, Washington 98004

MAIL TO:

PO Box 102

Medina, WA 98039-0102

Work:    (425) 649-1122

Cell:       (425) 445-9909

Email: sam at furgasons.com

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, August 14, 2014 9:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Alternatives for PR

If they won't have a family member and don't have a trusted family friend
who's willing to step into that kind of minefield, then I'd suggest a
professional. Bill Jaback at Partners In Care
<http://www.partners-in-care.org/>  is a good one.  Almost any of the
guardianship fiduciaries would do it--for example, Ohana
<http://www.ohanafc.com/> , or Unlimited Guardianship Services
<http://www.ugswa.org/> . In the past, I've had the client contact the
company/companies and talk to someone there, so they're comfortable with
the choice (and make the choice themselves).

Sometimes the client, after exploring the projected costs, decides that a
family member isn't such a bad option after all.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin
Lindsey III
Sent: Thursday, August 14, 2014 9:05 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Alternatives for PR

Good morning,

PC’s are a married couple. PC’s estate seems relatively straightforward
from a planning/needs perspective. However, PC’s are very leery of having
either PC or a family member serve as personal representative for either
spouse’s estate. (Apparently one of the PC’s had a bad experience while
acting as a PR. I think the way the estate was divided caused the hard
feelings more anything related to the PR role.) 

PC’s current position is that they want “an attorney” do serve as the PR.
At this point, I do not believe the value of the estate warrants hiring a
professional estate administrator; but perhaps that’s a consideration
assuming the costs are reasonable. (I’ve never used one.) 

What have others done in situations where a client, for whatever reasons,
just did not want a family member to serve as PR? Has anyone actually
agreed to serve as the PR in a similar circumstances? (Obviously that
means a different attorney would have to take on the role of attorney for
probating the estate.)

Just looking for some ideas in case PC’s do not alter their position after
our initial discussion. 

Thanks!

Sincerely,

G. (Gus) Benjamin Lindsey III

Attorney-at-Law

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

website: www.gbl3law.com <http://www.gbl3law.com/> 

Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law     

CONFIDENTIALITY NOTE: This e-mail message contains information belonging
to The Law Office of G. Benjamin Lindsey III, which may be privileged,
confidential and/or protected from disclosure.  The information is
intended only for the use of the individual or entity named above.  If you
think that you have received this message in error, please contact the
sender.  If you are not the intended recipient, any dissemination,
distribution or copying is strictly prohibited

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 65677 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140814/a3b528f1/winmail.dat>