[WSBAPT] What is Attorney Here?

[Ralph Maimon]

Aul

All too familiar of a story.  In this circumstance, I would just tell the PR what you know and let him or her decide what to do. You are not the probate attorney nor representing the estate.  You just did your job in preparing the will which included the charities etc.  If the DPOA was misused for the benefit of the daughter, then the PR can bring an action.  It is probably good that she has the house as a potential recovery, if she has spent the rest of the estate.

Ralph Maimon
LAW OFFICE OF RALPH MAIMON, P.S.
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(206) 323-0911 Office
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rmaimon at maimonlaw.com<mailto:rmaimon at maimonlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, June 05, 2015 3:11 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] What is Attorney Here?

Listmates, Happy Sunny Friday Afternoon.  I prepared a Will for a woman several years ago.  She became mentally disabled.  Daughter was agent under DPOA.  Assume the following is true.  Daughter knew that she was receiving only a small portion of inheritance under Mother's Will.  Daughter either transferred all of assets using her DPOA or had mother transfer (while disabled) all of the accounts into "transfer upon death" accounts so that Daughter now informs me that all funds now belong to her (including the house where the Daughter has lived for past five years while mother was alive but in a home, because Daughter had mother sign a quitclaim deed to both of them with JTWRS.)  The facility where Mother was living had to remove the telephone from the mother's room because the mother was calling the police every night because she thought there were Indians in the basement and trying to gain access to her room through the heating vents.  Assume no question that Mother was mentally disabled all during this period.

These actions effectively cut several non-profits and a step-sister out of the Will.  Estate is worth over $2 mil.  The elected Personal Representative is a distant family friend who didn't even know she was elected to be the PR and she is not inheriting under the Will.  I have possession of the original Will, the PR has attempted to contact me, and I know that, at least, we need to file the original Will with court within 20 days of death.

What are my duties here, if any?  I truly feel that Daughter has breached her fiduciary duty under the DPOA and stealing from the estate but my client is dead.  Am I allowed to contact the non-profits?  Am I allowed to contact the WA Attorney General's office (I vaguely remember that the AG is supposed to protect non-profits.)  Am I allowed to contact the step-sister?  I do not want to represent the PR.

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