[WSBAPT] PR Delegate Duties??

[John Creahan]

Hi Paul,
There has been a lot of discussion on this already, but I will weigh in as well.
>From a legal perspective, I doubt that one PR can delegate some or all of her duties over the other PR's objection. Assuming that they have been appointed with non-intervention powers, I agree with Amy that RCW 11.98.071 is the correct starting point, but that statute does not really appear to contemplate delegation of duties by one of two fiduciaries.
Having said that, I don't think that the legal question is the key to resolving this issue.
Do you represent both PRs in their role as PRs?
If so, do you know to whom she has tentatively delegated her duties and why she wants to do so?
She may have done so without really thinking the issue through or understanding what it means to be a fiduciary.
If she simply does not want to participate, she can delegate to the other PR (see RCW 11.98.016) or resign and allow her sibling to manage the estate. If she doesn't trust her sibling, things get more complex, but she could hire separate counsel (either in her role as PR or as beneficiary) or she could try to convince her co-PR that both should resign in favor of a third party.
Hope this helps,
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lewis, Amy C.
Sent: Monday, December 21, 2015 12:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Delegate Duties??

Take a look at RCW 11.98.071, which allows a trustee to delegate, and RCW 11.68.090, which grants a non-intervention PR the same powers as a trustee under RCW 11.98.



Amy C. Lewis, Attorney

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ESTATE PLANNING & PROBATE

1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, December 21, 2015 9:47 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] PR Delegate Duties??

Listmates:  First time situation for me.  Co-Personal Representatives are nominated by Will and appointed by the court.  The Co-Personal Representatives are siblings and sole beneficiaries under the Will.  I am now told that one of the Co-Personal Representatives has "appointed someone to act on her behalf when she is out of the Country."   I question whether any act taken by the extra person is valid.

A niggling little thought at the back of my head says that "fiduciaries can't delegate their duties."  I imagine that the Co-PR could appointed someone to act on her behalf while wearing her hat as a beneficiary but not while wearing her hat as the co-PR.  Anyone have this come up and reached any conclusions?


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