[WSBAPT] PR discretion - charitable gift in will

[Doug Schafer]

Ponder this.  Gus refers to the personal representative as "PC", that I
interpret as "potential client."  Assume that the PC was named in the will
as personal representative, but has not yet been appointed by the court.
Assume that at the face-to-face meeting, the PC, having sole possession of
the original will, declines to engage Gus, but later engages another
lawyer and becomes the court-appointed PR after swearing that no will has
been found. So in an intestate distribution, the charity would receive
nothing.

If Gus learns of this fraud, could Gus report anything to anybody
consistent with the RPCs?

Doug Schafer 


On 1/30/2014 11:54 AM, G. (Gus) Benjamin Lindsey III wrote:


Thanks…that was my assessment!

And I plan to have a pretty direct face to face with the client in the
near future!

Sincerely,

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



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
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set
=RPC&ruleid=garpc1.06>  1.6(b)(7) and RPC
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set
=RPC&ruleid=garpc3.3>  3.3. 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

 

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

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