[WSBAPT] Alternatives for PR

[Tom J. Westbrook]

Hello Gus,

 

It is not per se unethical to act as PR when you are the attorney that
drafted the Wills, but it is a minefield you (or anyone) should be aware.
This recent Supreme Court case should be instructive.

 

http://www.courts.wa.gov/opinions/pdf/2012558.pdf 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

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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/> 

 

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