[WSBAPT] Upcoming Meeting - big mixup
Ralph Maimon
rmaimon at maimonlaw.com
Thu Sep 18 09:14:53 PDT 2014
I am unsure how it happened. I simply copied the info to my calendar and
it appears that all the reservations and declines came to me and my staff,
literally hundreds. Not sure how to fix it except for the WSBA section to
send the notice again, unless the rsvps reached them also.
Ralph Maimon
Law Office of Ralph Maimon, P.S.
2811 E. Madison Street
Suite 202
Seattle, WA 98112
Tel: (206) 323-0911
Fax: (206) 462-1505
rmaimon at maimonl <mailto:rmaimon at maimonlaw.com> aw.com
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Tuesday, September 16, 2014 7:58 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Appointing PR named in Will and PR Spouse not named
Thanks, Sam. Your advice is very helpful. I had envisioned an order and
letters along the lines you outlined but wasn’t sure it would be
acceptable to the Court having 2 PRs with separate authority. I do
understand the potential and most likely argument over what is community
and what is separate and the opportunity for a conflict between the PRs.
Fortunately, all the bank accounts were joint survivorship accounts
between the spouses.
Just to be clear up your confusion, my engagement is with the surviving
spouse – but both PRs wanted me to jointly represent them – therefore my
comment about asking the question aside from the obvious pitfalls of joint
representation.
Regards,
Tom
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Monday, September 15, 2014 10:19 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Appointing PR named in Will and PR Spouse not named
Tom, Now I’m confused. I thought your first post suggested you would
represent both, but as of now it appears that you represent the surviving
spouse only. I would be reluctant to represent both, even to the point of
losing the client to an attorney who would be willing to represent both.
First, in order to represent both in what to me is an obvious conflict of
interests situation – you already have a conflict in how to characterize
them in the order and letters – you would have to make sure each is “fully
informed” as to anything which might go wrong. Surely there will be some
issues as to which is (presumed) community and which is truly separate.
So, you risk having to withdraw from all representation almost at the
outset because how can you advise both on which position is best for each
in the powers and authorities granted? I think it best if the named PR
gets separate representation at the outset. Then the two of you
(attorneys) should discuss how to structure the order: PR as to the
community property and PR as to the separate property; co-PRs with veto
powers and unanimous agreement required; court supervised estate vs.
non-intervention (my preferred choice would be supervised). I have had a
similar situation wherein the Letters specified that one was the PR as to
community property, and the other was PR as to the separate property. Put
both in the same instrument, to make it clear that there are two PRs.
Also, since I have had a dishonest PR of the community property go to a
bank and claim that a separate account was community, thereby withdrawing
the funds and hiding them, I would specify in the Letters that neither PR
can withdraw funds on deposit without a court order specifying the
authority to do so. In fact, absent a court order, unanimous agreement of
both right in the Letters might be the best.
S
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Monday, September 15, 2014 7:58 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [SPAM] RE: [WSBAPT] Appointing PR named in Will and PR Spouse
not named
Dear Mike,
Thanks for taking time to reply. I must not have posed my question as
clearly as hoped. Yes, the surviving Spouse has the absolute right to
administer the CP – that was my point and root of my question. I am very
clear on who I represent at this point – the surviving spouse that was not
named in the Will. On my advice, he (not she) got in touch with the named
non-family (also a beneficiary) PR to ask if she would decline. The answer
was no, but she would agree to work with my client (surviving spouse) as a
Co-PR. My question is not about representation, it is a procedural
question. I could open a probate with will attached on behalf of my client
and give notice of hearing to the named PR and end up costing them all
plenty in legal fees – that is always easy to do. But the end result
question I have is still the same – what does the Order look like and how
are the letters testamentary issued as to authority and how is that
managed in the estate administration?
Regards,
Tom
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Michael Atkins
Sent: Monday, September 15, 2014 6:44 PM
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] RE: [WSBAPT] Appointing PR named in Will and PR Spouse not
named
Doesn't Spouse have a absolute right to manage the CP? I think you need to
decide whom you represent and if not the spouse, you might need to think
about referring her to an attorney as I am unsure that inserting this info
in the waiver would be sufficient - she may need "advice. " My 2cents
-------- Original Message --------
Subject: [WSBAPT] Appointing PR named in Will and PR Spouse not named
From: "Tom J. Westbrook" < <mailto:tjw at w3net.net> tjw at w3net.net>
Date: Mon, September 15, 2014 6:07 pm
To: < <mailto:wsbapt at listserv.nethelps.com> wsbapt at listserv.nethelps.com>
This is a first for me. LWT appointed a non-family member as PR and did
not name spouse as PR for community assets of which there are plenty.
Spouse does not want to decline nor does named PR. Both are willing to do
Co-PR and to sign informed consent conflict letter to have me represent
them in the Probate. Aside from the obvious pitfall of representing these
joint PRs, do any of you have advice on setting up the Petition to admit
Will and appoint the PRs? Should one PR be solely in charge of decedent’s
separate property and the other in charge of community and if so, are the
really Co-PRs or ?????? And then, what special language is used for the
Letters Testamentary since one is named in Will and the other is
authorized (entitled) as a creature of statute?
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Thomas J. Westbrook, PLLC
PO Box 1
Littlerock, WA 98556
Olympia Office:
Evergreen Plaza Building
711 Capitol Way S.
Suite 101
Olympia, WA 98501
Telephone: 360-357-7400
Facsimile: 360-357-7414
Email: <mailto:tjw at w3net.net> tjw at w3net.net
Skype: thomas.westbrook
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