[WSBAPT] PR with creditor claim for services to decedent?

[Kate Szurek]

We were recently involved (from a distance) in litigation on that issue.  See Cook v. Brateng, 158 Wn. App. 777, 262 P.3d 1228 (2010).  We had our PR get separate counsel to represent her as a creditor - so we mostly stood on the sidelines while the beneficiaries fought it out.  The court allowed the PR to take more from the estate (it's a long story about how exactly, but short story is she received a greater portion of the estate).

We were also involved in fairly similar situation where we simply got permission from the charitable beneficiary to pay reasonable compensation to PR for work done but unpaid prior to decedent's death.

Kate


[SkagitLaw_Signature (2)]
Kate Szurek, J.D., LL.M.
P.O. Box 336 / 227 Freeway Drive, Suite B
Mount Vernon, WA  98273
360.336.1000
360.336.6690 (fax)
kate at skagitlaw.com<mailto:kate at skagitlaw.com>
http://www.skagitlaw.com<http://www.skagitlaw.com/>



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina DeVore
Sent: Wednesday, May 06, 2015 10:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR with creditor claim for services to decedent?

Decedent was bed ridden and had caretakers 24/7.  She was also assisted by a friend the last year of her life.  Friend would go get her prescriptions, do her shopping, became her POA, paid her bills and did her banking.

Decedent has recent Will leaving all to charity.  The week before she passed decedent attempted to sign over an investment account to friend but did not sign in all required spots to be effective.  Friend would like to make a claim for her time.  Friend is also the named PR in the Will with nonintervention powers.

Can friend file a claim against the estate for the reasonable value of her time and services and get paid?   If so, should she, as the PR, give notice to the charity of her claim and/or make a motion to the court to have the fees approved?

Thanks in advance for your opinions.

Kristina


Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 300 W. 15th Street, Suite 305 | Vancouver, WA  98660
Phone: (360) 695-0535 | Fax: (360) 737-4154 | kristina at devore-law.com<mailto:kristina at devore-law.com>




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