[WSBAPT] Designated listing agent for house in probate

[John Creahan]

Have you talked to the bank about this? The testator's testamentary choice of real estate agent would be unlikely to relieve the PR of its fiduciary obligations relating to the house sale. I suspect that many banks would consider such a provision to be inherently risky and would decline to serve as PR.

John Creahan
john at cairn-law.com<mailto:john at cairn-law.com>
1325 4th Ave., Suite 940
Seattle, WA 98101
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>
[cid:image001.png at 01CE636C.3EB992D0]

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ralph Maimon
Sent: Thursday, September 17, 2015 4:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Designated listing agent for house in probate

Lisa

If he puts it in the will, the PR is committed to it and obligated.  In a simple note or letter, there is no obligation but a moral one.

Ralph Maimon
LAW OFFICE OF RALPH MAIMON, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911 Office
(206) 462 1505  Fax
rmaimon at maimonlaw.com<mailto:rmaimon at maimonlaw.com>
www.maimonlaw.com<http://www.maimonlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, September 17, 2015 3:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Designated listing agent for house in probate

I have a client who (on his death) wants his house to be listed for sale with a particular realtor.  He has good reasons for this.  Under typical circumstances I would have him put this in a written communication to his PR.  However, he has chosen a bank as his PR, and so I think it needs to be in his will.  Any thoughts on this?  Any language suggestions?

Thanks.

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com<http://cp.mcafee.com/d/1jWVIi6x8gdEIc9LFCzBZAQsCXCQrIILcnvojdETppuoK-qekjqdSmnCbLIcCQrIILcnshhdNlSiJo0FnpaRwvFzBPqKOlH0_j7bCSrEI47nT-LNEVojhhhWZOWbP9EVVeZT6hPTbnhIyyHtx_BgY-F6lK1FJ4SyrKrKr017OFJb4SX4RtxO-6P526HjbAaJMJZ0kvaAWsoEgSaOQ-ndCzBYQsLCPiS0EMcy0m19Ftd40tZ94orfQ3h0vaAVg8Cy3ifMCq87qNd41eHtfd44E6y1qdi6PYS-MrLsYmX-RnNJNn>

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