[WSBAPT] PR discretion - charitable gift in will

[Richard Wills]

Yea, verily.

Sam's right, as usual --- but it took learning the hard way for me to "get
it."  New attorneys, beware.  Initially, I found it difficult to turn down
paying clients.  I hope no longer.  There was a good article several years
ago by one of the ex-presidents of the WSBA about being circumspect about
taking new clients & continuing to serve those clients who present issues
such as Mr. Lindsey presents.



From: 

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) and RPC 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

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

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!

 

 

Attorney-at-Law

The Law Office of G. Benjamin Lindsey III

Lake Stevens, WA 98258

Phone:   (425) 263-9585

 

 

 

 

 

 

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