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

[Paul Neumiller]

This question has come up before and a poster said that if the other party
does not object to the payment of the attorney fees, then the payment of
atty fees was equal to obtaining a court order for the fees and those fees
which are subject to the notice of intent to pay attorney fees cannot be
raised again.  The poster cited RCW 11.28.240 "If the notice has been
regularly given, any distribution or payment of fees and any order or
judgment, made in accord therewith is final and conclusive."

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom Stuen
Sent: Friday, May 1, 2015 1:48 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Re-post: Question RE: Request for Special Notice

 

Jared:  I think the notice of intent to pay PR or attorney fees allows the
objector ten days to file a motion.  Absent such a motion, the payment can
be made by a non-intervention PR.  Objections can still be raised at the
closing of the estate.

Tom Stuen

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jared E. Adams
Sent: Friday, May 01, 2015 11:12 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Re-post: Question RE: Request for Special Notice

 

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.

 

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