[WSBAPT] PR discretion - charitable gift in will
Sam Furgason
sam at furgasons.com
Fri Jan 31 00:42:22 PST 2014
Well, it’s a little hard to do early on, when you need every bit of
business you can get, and it’s a little hard the first time or two because
we all have that urge to help people. I know; I’ve had my share of
desperate clients whom I’ve felt compelled to help, and I always made
below minimum wage on them. But at some point you realize you can’t give
them good representation if you don’t have a positive relationship, so you
have to move on, and rationalize that they may find a better match
elsewhere. Sometimes it’s not the money; it’s just the matchup. I have
some clients whom I truly like, and who truly like me. Those are the best.
S
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Gmailmkg
Sent: Thursday, January 30, 2014 5:19 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] PR discretion - charitable gift in will
Sam.
You're so right about that. It holds true each and every time. Hope
another attorney doesn't have to learn this the hard way!
Misspelled from my iPhone
Melinda
Law Office of Melinda K Grout
PO Box 1360
Monroe, WA 98272
(360) 794-4322. Tel
(425) 744-6745. Fax
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On Jan 30, 2014, at 1:00 PM, "Sam Furgason" <sam at furgasons.com> wrote:
I agree with Eric. Sometimes when my gut gets a bad feeling, like when a
PC says I’m wrong based on the PC’s advice from an unknown third-base
coach, I simply say, “Perhaps I’m not the right attorney for you. Maybe
someone else knows about that.” We both go our separate ways with no
lingering questions, and the PC has an excuse to walk away without feeling
bad. The feeling of relief I have after the PC leaves always lets me know
I made the right decision, at least for me. Not every attorney fits with
every client. The PC can then, without awkwardness, move on to looking for
an attorney who better meets his desires. If you yield to the “take away
effect” and chase after that client, better be sure of the relationship,
because you may regret having to sweat out the RPCs Eric mentioned, on
your own time. And if you have bad news, you don’t want someone going
around Lake Stevens grousing about you; it’s a small community. IMO.
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, January 30, 2014 11:25 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] PR discretion - charitable gift in will
I've never heard of anything like it, except under the usual circumstances
where the entire Will's validity is subject to attack.
I'm sure you know this already, but I had a recent probate that brought it
firmly back to my mind: If the PR is not bonded and you think there is any
risk PR won't comply with the bequest, best to review the RPCs on lawyer
duties when representing a court-appointed fiduciary...there are
circumstances where one is essentially required to tell the court of a
client's malfeasance. Mainly see interaction of RPC 1.6(b)(7)
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set
=RPC&ruleid=garpc1.06> and RPC 3.3
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set
=RPC&ruleid=garpc3.3> . Because RPC 3.3 is a "shall disclose" requirement
"unless prohibited by 1.6", and RPC 1.6(b)(7) specifically permits the
attorney to disclose, then I would interpret RPC 3.3 as requiring
disclosure of any PR malfeasance (after of course appropriate attempts to
convince the PR to meet their duty, warning them of your own duty to
disclose, maybe trying to take practical steps to make it more difficult
for PR to succumb to temptation, and trying to help the PR remedy any
breach that has already occurred, etc.).
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, January 30, 2014 11:05 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR discretion - charitable gift in will
Hello,
Is anyone aware of any authority which would allow a personal
representative to avoid providing a charity with a gift identified in a
decedent’s will? (the estate is solvent and the will calls for the charity
to receive a percentage of the estate.)
PC is the personal representative for the estate. PC insist that he has
been told by “someone” that this is possible and my position is wrong.
Although the will is somewhat dated, it identifies the specific charity as
well as an alternate charity to benefit if the first charity ceases to
exist. Apparently the decedent made verbal expressions of a desire to
change the will before her death but never revoked the old one.
Thanks!
Sincerely,
G. (Gus) Benjamin Lindsey III
Attorney-at-Law
<image001.png>
The Law Office of G. Benjamin Lindsey III
2012 Grade Road, Suite 202
Lake Stevens, WA 98258
Phone: (425) 263-9585
Fax: (425) 328-1599
website: www.gbl3law.com <http://www.gbl3law.com/>
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