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

[Eric Nelsen]

I lean more toward Tom's opinion, that the 10 days is to give time for the objector to file a motion with the court.

I think in an abundance of caution, many who represent PRs who receive a written objection take the proactive step of filing a motion for approval, but I don't think that's required.

I am perhaps a bit less cautious. I think the PR can still take the action even if an objection is filed, subject to the possibility of later review of the act by the court. The statute literally says only that in the absence of an objection, the intended act won't be "final and conclusive." So PR is free to do it still, if s/he has NPs. An objection is not an actual restriction on the PR's powers.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom Stuen
Sent: Friday, May 01, 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.

Condie & Adams, PLLC
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(email): jared at condieadams.com<mailto:jared at condieadams.com>
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