[WSBAPT] What is Attorney Here?

[Paul Neumiller]

Sorry Gang, the subject line was supposed to say "What is the Attorney's
Role Here"  and, I forgot to say that the mother died two days ago (though,
I hope you figured that out.)

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, June 5, 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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