[WSBAPT] Re-post: Question RE: Request for Special Notice

Fri May 1 12:08:58 PDT 2015

This has come up for me a couple of times regarding the interim payment of
attorney’s fees.  We have simply moved the court for authorization to pay
the fees and noted it for hearing.  There was no opposition and the judge
signed an order authorizing payment.  Fee detail was provided with the
motion and notice.  No issue was raised at the closing of the estates.

Sincerely,

*Chris J. Moore*
Christopher J. Moore, JD, CPA, AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com

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Specialist Board, Inc., the only estate planning certification entity
approved by both the American Bar Association and the Idaho State Bar
Association.
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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Ramon Ortiz
*Sent:* Friday, May 01, 2015 11:45 AM
*To:* WSBA Probate & Trust Listserv
*Subject:* Re: [WSBAPT] Re-post: Question RE: Request for Special Notice

Jared, I have not experienced this, but certainly tit seems that the
hearing steps at the point of the Decl of Completion will be more fruitful
because all the fees will be known at the time—but I don’t see why, if
there is an issue with the hourly rates, this could not be resolved
before—but understanding the issues of the objecting party would
potentially shed light on whether this should be resolved now rather than
later at conclusion. Although, if you cannot informally resolve the issue
with the objecting party, you still have to undertake the response and
hearing steps (something that the objecting party should be made aware of);
thus, perhaps a prudent approach would be to hold payments until the ruling
by the Court (whether now or at conclusion).

 But, I haven’t found anything in concrete. Any other input from the
listserv?

Ramón E Ortiz-Vélez

Attorney at Law

Ortiz Gosalia PLLC

15446 Bel-Red Rd, Suite 101

Redmond, WA 98052

Voice: (425)633-2004

Fax: (425)748-3940

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On May 1, 2015, at 11:11 AM, Jared E. Adams <jared at condieadams.com> wrote:

*I didn’t get any responses on my question below. I thought I’d give it a
second try as there was interest from others who’ve encountered the same
issue.*

PR was appointed and granted non-intervention powers. Later, multiple
interested parties filed *Requests for Special Notice* under RCW 11.28.240,
requesting (among other things) notice prior to paying PR and attorney’s
fees. I mailed a notice of intent to pay PR and attorney’s fees to all
interested parties, and one interested party filed an objection.

*My question is, what is the effect of the objection?*  At first glance, it
appears that the PR can still be paid and pay the attorney, and the
objection only preserves the objecting party’s right to contest the fees at
closing.  Is that correct, or does filing the objection have a greater
impact (perhaps preclude the payment of fees without a hearing)?

Does anyone know offhand? Is there a statute on point?

Thanks,

Jared

Jared E. Adams, JD, LL.M.

Condie & Adams, PLLC
611 4th Avenue, Suite A
Kirkland, WA  98033
(voice):  (425) 450-1040
(fax):  (425) 450-1041

(email): jared at condieadams.com

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