[WSBAPT] Knowledge of PR being influenced by potential heirs/interested parties
John J. Sullivan
sullaw at comcast.net
Thu Sep 29 08:00:47 PDT 2016
Just heading in so I only glanced at this, but if I recall correctly a disclaimer is a transfer of resources for Medicaid disqualification purposes.
John Sullivan
Sent from my iPhone
> On Sep 28, 2016, at 11:03 PM, Theresa Nguyen <theresa at tnguyenlaw.com> wrote:
>
> Hi everyone,
>
> Please let me know if you have dealt with an of the issues below:
>
> Decedent died with no will and mom (incapacitated, represented by guardian and guardian’s attorney) is to take under the intestate statute.
> Decedent also has 5 siblings. They have been trying to get the guardian’s attorney to sign a disclaimer so mom can still qualify for benefits. Decedent’s siblings are also aware that they will be next in line in disclaimed.
> Decedent died leaving just a house and a bank account with about $30k.
> One of the siblings is appointed as PR. I also advise her although my duty is to the estate.
> PR has admitted to me that her siblings control her and this continually stresses her out. She has told me she will not talk to them any more after the probate is over.
> On a few occasions I advised her of the legal steps to take and of her duties, and thereafter she is on board. But she then follows up with an email, CC’ing the other siblings, saying that she discussed it with them and that they all want to do something else.
> Recently one of the controlling sisters found out that the real estate that we had thought belonged to decedent (and few other siblings held as tenants in common), may solely belong to her, based on a single clause in a preliminary title commitment. To verify decedents interest in the home I called the title insurance company. They provided that title is clouded as the siblings had drafted quit claim deeds themselves and transferred the home back and forth to each other 8/9 times in the past 15 years. Many deeds were drafted incorrectly. In 2002 title validly vested to controlling sister as that deed was drafted correctly (hence the clause in the title commitment saying that controlling sister has vested title). 4/5 deeds thereafter were missing conveyance language and listed as defective. The only next validly executed and also the last recorded deed was in 2013 where grantor was controlling sister and grantee was decedent. Title advised me that in order for them to sell/insure buyer, we would have to remove the cloud from title and ultimately re-execute the defective deeds missing certain language. This would then make decedent valid title holder and title would be clear and ready for sale. Controlling sister does not like this.
> I advised PR. PR was completely on board. PR follows up with an email a few hours later saying she talked to the siblings and they decided not to do this, CC’ing the controlling sister and the other siblings. I believe they want to just close probate and leave the title issues and thereafter try to sell to some uniformed buyer who doesn’t care for title insurance.
>
> Does any one have an idea on what they would do? I am thinking that I should terminate representation if they insist this route because it does not seem right, to close probate with open unresolved issues. Sounds like malpractice. But what about my duty to the estate? If I withdraw do I need to at least ask the court to revoke nonintervention powers? To replace PR? We are talking about a very small estate…only few hundred thousands of dollars…it has been about 2 months and no creditors have made any claims…
>
> Or should I petition for another PR? Is it my duty to do so?
>
> Please advise! Thank you in advance.
>
> --
> Kindest Regards,
>
> Theresa Nguyen, J.D., LL.M.
> Law Office of Theresa Nguyen, PLLC
> 707 S Grady Way, Suite 600 | Renton, WA 98057
> Ph. 425.998.7295 | Fax 425.420.2695
> www.tnguyenlaw.com | theresa at tnguyenlaw.com
>
>
>
> This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. secs. 2510-2521, and is legally privileged and confidential. If the reader of this message is not the intended recipient, the reader is hereby notified that any unauthorized review, dissemination, distribution, or copying of this message is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail or call the sender at 425.998.7295 and destroy all copies of the original message.
>
>
>
>
>> On Sep 28, 2016, at 12:00 PM, wsbapt-request at lists.wsbarppt.com wrote:
>>
>> Send WSBAPT mailing list submissions to
>> wsbapt at lists.wsbarppt.com
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>> or, via email, send a message with subject or body 'help' to
>> wsbapt-request at lists.wsbarppt.com
>>
>> You can reach the person managing the list at
>> wsbapt-owner at lists.wsbarppt.com
>>
>> When replying, please edit your Subject line so it is more specific
>> than "Re: Contents of WSBAPT digest..."
>>
>>
>> Today's Topics:
>>
>> 1. Referral for Trust Attorney in Whittier, CA (Piper Thornburgh)
>> 2. Self-Serving Receipt of Heir (Paul)
>> 3. Re: Eviction Notice (Danielle Flatt)
>> 4. Re: Self-Serving Receipt of Heir (Karen E. Boxx)
>> 5. Re: Self-Serving Receipt of Heir (Douglas Bratt)
>> 6. Re: Compelling Sister to give copy of Will?
>> (George Edensword-Breck)
>> 7. Re: Self-Serving Receipt of Heir (Doug Schafer)
>> 8. Re: Self-Serving Receipt of Heir (T Roberts)
>> 9. Re: Self-Serving Receipt of Heir (Rebecca King)
>> 10. Compelling Sister to give copy of Will? (Dalynne Singleton)
>> 11. Re: Building Contract (Jim Doran)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Tue, 27 Sep 2016 13:03:57 -0700
>> From: Piper Thornburgh <piper at piperthornburghlaw.com>
>> To: wsbapt at lists.wsbarppt.com
>> Subject: [WSBAPT] Referral for Trust Attorney in Whittier, CA
>> Message-ID:
>> <C12E7271-1924-4B4F-90AA-80EDE1B8B658 at piperthornburghlaw.com>
>> Content-Type: text/plain; charset="us-ascii"
>>
>> Dear Listmates,
>> Can anyone offer me a referral for an attorney in or near Whittier in southern California on a trust matter.
>> Thank you,
>>
>> Piper M. Thornburgh
>> PIPER THORNBURGH LAW PLLC
>>
>>
>>
>>
>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/06f7e2f0/attachment-0001.html>
>>
>> ------------------------------
>>
>> Message: 2
>> Date: Tue, 27 Sep 2016 22:09:18 +0000
>> From: Paul <pneumiller at hotmail.com>
>> To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
>> Subject: [WSBAPT] Self-Serving Receipt of Heir
>> Message-ID:
>> <BY1PR0401MB1255A7BA9A3BDD5E2DE1E0A8D2CC0 at BY1PR0401MB1255.namprd04.prod.outlook.com>
>>
>> Content-Type: text/plain; charset="us-ascii"
>>
>> Just saw something that raised my eyebrows in a probate where I represent a beneficiary. The PR's attorney prepared, and is distributing for signature, a "Receipt of Heirs" that releases the estate, the PR, AND THE PR'S ATTORNEY. It releases "[PR's attorney's name], in his capacity as attorney for the personal representative, from any further or other liability with regard to this matter." This just doesn't pass the smell test for me. OR, should I start preparing my Receipt of Heirs by releasing me for probates I am handling??? What is the common practice out there in probate land?
>>
>> [cid:image001.jpg at 01D218D1.0311B7D0]
>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/a9a03a76/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: image001.jpg
>> Type: image/jpeg
>> Size: 16924 bytes
>> Desc: image001.jpg
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/a9a03a76/image001-0001.jpg>
>>
>> ------------------------------
>>
>> Message: 3
>> Date: Tue, 27 Sep 2016 15:20:40 -0700
>> From: Danielle Flatt <danielle at dimensionlaw.com>
>> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Eviction Notice
>> Message-ID:
>> <CAKKMyYdf1dZVDUV=7yA+hS-sAfp4E12XEZbVO_DuqaS62YONLw at mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>>
>> Mike,
>>
>> Depending on your facts, an eviction may not the appropriate course of
>> action in your case. If the relative was a co-habitant with the deceased,
>> then you may need to do an ejectment action, not an eviction, as the
>> relative can argue he was a tenant at will. If you are taking the position
>> there was a rental agreement/tenancy between the relative and the deceased,
>> then you would need to follow the terms of the rental agreement and the
>> Residential Landlord Tenant Act.
>>
>> Note also, if the property is within Seattle city limits, you also need to
>> make sure you follow the notice requirements of the Just Cause Eviction
>> Ordinance, which means you need a justified reason for ending a month to
>> month tenancy (e.g., the PR wants to move in himself, the PR needs to sell
>> the house, etc.). The Just Cause Eviction Ordinance lists the allowed
>> reasons for terminating a month to month tenancy. Depending on the reason
>> used as the basis for eviction, there are different timelines set out for
>> how much notice you have to give.
>>
>>
>>
>> Best Regards,
>>
>> DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
>> 234 SW 43rd St, Suite MA | Renton, WA 98057
>> t: *206.973.3500 *| f: *206.577.5090*| e: *danielle at dimensionlaw.com
>> <danielle at dimensionlaw.com>*| www.dimensionlaw.com
>>
>> On Tue, Sep 27, 2016 at 10:01 AM, Michael Atkins <
>> michael at westseattleattorney.com> wrote:
>>
>>> Hi All:
>>> Anyone like to share an Eviction Notice for Seattle ? PR needs to evict a
>>> relative who was living with Dad and PR wants to give the relative 30 days.
>>> Also, is there any thing I should be aware of ? Thanks
>>> Mike
>>>
>>>
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>>
>> --
>> PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is
>> intended only for the use of the individual or entity named above and may
>> contain privileged or confidential information. If you are not the intended
>> recipient, or the employee or agent responsible to deliver it to the
>> intended recipient, you are notified that any review, dissemination,
>> distribution or copying of this e-mail is prohibited. If you have received
>> this e-mail in error, please immediately notify us by e-mail, facsimile, or
>> telephone; return the e-mail to us at the e-mail address below; and destroy
>> all paper and electronic copies.
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/87cb7726/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: sigimg1
>> Type: image/png
>> Size: 57245 bytes
>> Desc: not available
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/87cb7726/sigimg1-0001.png>
>>
>> ------------------------------
>>
>> Message: 4
>> Date: Tue, 27 Sep 2016 23:06:58 +0000
>> From: "Karen E. Boxx" <kboxx at uw.edu>
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>> Message-ID:
>> <DM5PR08MB2617D24ADAD7ACCA808C328EC4CC0 at DM5PR08MB2617.namprd08.prod.outlook.com>
>>
>> Content-Type: text/plain; charset="us-ascii"
>>
>> Sounds like a potential violation of RPC 1.8(h).
>>
>> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul
>> Sent: Tuesday, September 27, 2016 3:09 PM
>> To: wsbapt at lists.wsbarppt.com
>> Subject: [WSBAPT] Self-Serving Receipt of Heir
>>
>> Just saw something that raised my eyebrows in a probate where I represent a beneficiary. The PR's attorney prepared, and is distributing for signature, a "Receipt of Heirs" that releases the estate, the PR, AND THE PR'S ATTORNEY. It releases "[PR's attorney's name], in his capacity as attorney for the personal representative, from any further or other liability with regard to this matter." This just doesn't pass the smell test for me. OR, should I start preparing my Receipt of Heirs by releasing me for probates I am handling??? What is the common practice out there in probate land?
>>
>> [cid:image002.jpg at 01D218D9.2C3C87E0]
>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/7cf5565f/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: image002.jpg
>> Type: image/jpeg
>> Size: 7280 bytes
>> Desc: image002.jpg
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/7cf5565f/image002-0001.jpg>
>>
>> ------------------------------
>>
>> Message: 5
>> Date: Wed, 28 Sep 2016 00:55:34 +0000
>> From: Douglas Bratt <djbratt at mbavancouverlaw.com>
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>> Message-ID:
>> <CE7DE311763C284CBA15D1B0B4122FAA0153415E72 at Server01.mbavancouverlaw.com>
>>
>> Content-Type: text/plain; charset="us-ascii"
>>
>> I recall a case (I believe a disciplinary case), within the past 10 - 12 years, where an attorney was trying to settle a potential malpractice claim a client had against the attorney, and the attorney paid some money to the client, but, before payment, the attorney demanded that the client sign a sweeping Release. (I cannot recall for sure, but I think that, subsequently, the attorney was trying to rely on the enforceability of the release after another attorney took up the client's case against the attorney.)
>>
>> I believe the attorney was disciplined for not advising the client to seek independent counsel and for not giving the client the opportunity to do so.
>>
>> Maybe that was tied to the RPC cited by Karen, but I just do not have the time to double-check the RPC before I shoot off this comment. The actual details of the case I am remembering are pretty far back in the recesses of my memory.
>>
>> Does anyone else remember such a case?
>>
>> Best Regards,
>>
>> Doug Bratt
>>
>>
>> Douglas J. Bratt
>> Lawyer
>>
>> [Envelope scaled Terry]
>>
>> Office: (360) 213-2040
>> Fax: (360) 213-2030
>>
>> CONFIDENTIALITY NOTICE: This email message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.
>>
>> NOTE: I do not use encrypted email. Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times. If your matter is urgent, please phone my office during regular business hours.
>>
>> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Karen E. Boxx
>> Sent: Tuesday, September 27, 2016 4:07 PM
>> To: WSBA Probate & Trust Listserv
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>>
>> Sounds like a potential violation of RPC 1.8(h).
>>
>> From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul
>> Sent: Tuesday, September 27, 2016 3:09 PM
>> To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
>> Subject: [WSBAPT] Self-Serving Receipt of Heir
>>
>> Just saw something that raised my eyebrows in a probate where I represent a beneficiary. The PR's attorney prepared, and is distributing for signature, a "Receipt of Heirs" that releases the estate, the PR, AND THE PR'S ATTORNEY. It releases "[PR's attorney's name], in his capacity as attorney for the personal representative, from any further or other liability with regard to this matter." This just doesn't pass the smell test for me. OR, should I start preparing my Receipt of Heirs by releasing me for probates I am handling??? What is the common practice out there in probate land?
>>
>> [cid:image001.jpg at 01D218E5.49668A80]
>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/ab9314b5/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: image001.jpg
>> Type: image/jpeg
>> Size: 7280 bytes
>> Desc: image001.jpg
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/ab9314b5/image001-0001.jpg>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: image003.jpg
>> Type: image/jpeg
>> Size: 6775 bytes
>> Desc: image003.jpg
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/ab9314b5/image003-0001.jpg>
>>
>> ------------------------------
>>
>> Message: 6
>> Date: Wed, 28 Sep 2016 01:11:12 +0000
>> From: George Edensword-Breck <george at e-blaw.com>
>> To: "burchettlaw at yahoo.com" <burchettlaw at yahoo.com>, "WSBA Probate &
>> Trust Listserv" <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Compelling Sister to give copy of Will?
>> Message-ID:
>> <d51b7781095b409cbbf6437f56537616 at mbx081-w2-co-1.exch081.serverpod.net>
>>
>> Content-Type: text/plain; charset="us-ascii"
>>
>> You would not open the probate in any Washington jusridiction witnout prresenting the will. Where is the probate?
>>
>> -----Original Message-----
>> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of burchettlaw at yahoo.com
>> Sent: Tuesday, September 27, 2016 9:53 AM
>> To: WSBA Probate & Trust Listserv
>> Subject: [WSBAPT] Compelling Sister to give copy of Will?
>>
>> Hi All:
>>
>> I have a client whose sister (the executor) is refusing to give him a copy of the Will. Apparently the local court house also does not have a copy. I am not sure if my client is even in the Will, but he seems to believe that he is in the Will as his deceased Mother has told him that property/assets are to be split evenly between him and his sister when she passes. My client also said that he has received some money from his sister from some of his Mother's proceeds, but she is refusing to give him a copy of the Will.
>>
>> Have anyone ever encounter this type of situation and any advice on how to compel the sister to provide a copy of the Will?
>>
>> Best,
>>
>> Linda
>> Burchett Law Firm
>> 360-425-2560
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>>
>>
>>
>> ------------------------------
>>
>> Message: 7
>> Date: Tue, 27 Sep 2016 21:35:22 -0700
>> From: Doug Schafer <schafer at pobox.com>
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>> Message-ID: <9fffaafa-1f36-5bbb-e83b-a21abaf4eb63 at pobox.com>
>> Content-Type: text/plain; charset="us-ascii"
>>
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/334309ce/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: not available
>> Type: image/jpeg
>> Size: 7280 bytes
>> Desc: not available
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160927/334309ce/attachment-0001.jpe>
>>
>> ------------------------------
>>
>> Message: 8
>> Date: Wed, 28 Sep 2016 08:48:19 -0700
>> From: T Roberts <pugetsoundlaw at gmail.com>
>> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>> Message-ID:
>> <CAGdSjQ+aC43yL4ZU=oyzPMYOsCkkpzbmc8JyE4FhbNhiKOBOQw at mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>>
>> I'd second Doug's alternatives. Dealing with contentious heirs can justify
>> a final hearing to close the estate and discharge the PR. However, I would
>> be wary of the extent of the work expended on releases and who paid it.
>>
>> I've been in courtroom when a commissioner ordered fees disgorged from the
>> PR and the PR's attorney for work associated with trying to get settlement
>> agreements and waivers from heirs and beneficiaries releasing the PR from
>> liability, reasoning that all work associated with any release of liability
>> was for the PR's personal benefit, did not provide any benefit to the
>> estate, and were not appropriate administrative expenses. The Commissioner
>> spent quite a long time dressing down the PR and his counsel for this
>> misappropriation of estate resources. The amount of fees was substantial,
>> I can't remember the exact figure but it was well over $20k, so the sheer
>> amount may have been what sent the commissioner over the edge. Still a
>> good cautionary example.
>>
>> Tara M. Roberts
>> Puget Sound Law pllc
>> roberts at pugetsoundlaw.com
>>
>>
>>
>>> On Tue, Sep 27, 2016 at 9:35 PM, Doug Schafer <schafer at pobox.com> wrote:
>>>
>>> I have doubts that RPC 1.8(h) applies, or that the requested release of
>>> the PR's lawyer is improper. The estate beneficiaries are not clients or
>>> former clients of the PR's lawyer, so RPC 1.8(h) by its terms does not
>>> apply. But if a beneficiary refuses to sign a release of the PR, then the
>>> PR's lawyer reasonably might advise his client (PR) to opt for a costly
>>> judicial discharge by filing a final report and petition for distribution
>>> and schedule a hearing (rather than filing a declaration of completion) for
>>> a judicial decree of distribution and discharge of the PR. (RCW 11.76.040 -
>>> .060). However, if a beneficiary signs a release of the PR but strikes out
>>> the phrase releasing the PR's lawyer, I believe the lawyer ought to
>>> consider that an acceptable release, and the lawyer should rely on Trask v.
>>> Butler, 123 Wn.2d 835, to shield him/her from liability. If the lawyer in
>>> such a case insists on a personal release of the lawyer, I believe the
>>> lawyer's interests are then conflicting with his/her client's interests in
>>> expeditiously closing the estate.
>>>
>>> RPC 1.8(h) reads:
>>> (h) A lawyer shall not:
>>> (1) make an agreement prospectively limiting the lawyer's liability to a
>>> client for malpractice unless permitted by law and the client is
>>> independently represented by a lawyer in making the agreement; or
>>> (2) settle a claim or potential claim for such liability with an
>>> unrepresented client or former client unless that person is advised in
>>> writing of the desirability of seeking and is given a reasonable
>>> opportunity to seek the advice of an independent lawyer in connection
>>> therewith.
>>>
>>> Doug Schafer, in Tacoma
>>>
>>>
>>> On 9/27/2016 4:06 PM, Karen E. Boxx wrote:
>>>
>>>
>>> Sounds like a potential violation of RPC 1.8(h).
>>>
>>>
>>>
>>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
>>> wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Paul
>>> *Sent:* Tuesday, September 27, 2016 3:09 PM
>>> *To:* wsbapt at lists.wsbarppt.com
>>> *Subject:* [WSBAPT] Self-Serving Receipt of Heir
>>>
>>>
>>>
>>> Just saw something that raised my eyebrows in a probate where I represent
>>> a beneficiary. The PR?s attorney prepared, and is distributing for
>>> signature, a ?Receipt of Heirs? that releases the estate, the PR, *AND
>>> THE PR?S ATTORNEY*. It releases ?[PR?s attorney?s name], in his capacity
>>> as attorney for the personal representative, from any further or other
>>> liability with regard to this matter.? This just doesn?t pass the smell
>>> test for me. OR, should I start preparing my Receipt of Heirs by releasing
>>> *me* for probates I am handling??? What is the common practice out there
>>> in probate land?
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________ WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>>>
>>>
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/71eddf2e/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: not available
>> Type: image/jpeg
>> Size: 7280 bytes
>> Desc: not available
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/71eddf2e/attachment-0001.jpe>
>>
>> ------------------------------
>>
>> Message: 9
>> Date: Wed, 28 Sep 2016 16:40:13 +0000
>> From: Rebecca King <rebecca at nwelg.com>
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>> Message-ID:
>> <BN6PR10MB125119B30D2E3B96C6B05D3FB3CF0 at BN6PR10MB1251.namprd10.prod.outlook.com>
>>
>> Content-Type: text/plain; charset="utf-8"
>>
>> The waiver form in the probate deskbook actually includes the ?release attorneys from all liability? language.
>>
>> Rebecca King
>> Attorney
>>
>> Northwest Elder Law Group
>> 11300 Roosevelt Way NE, Suite 101
>> Seattle, WA 98125
>> (206) 937-6102
>> Fax (206) 830-9326
>>
>> Providing Services in Elder Law
>>
>> CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
>>
>> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of T Roberts
>> Sent: Wednesday, September 28, 2016 8:48 AM
>> To: WSBA Probate & Trust Listserv
>> Subject: Re: [WSBAPT] Self-Serving Receipt of Heir
>>
>> I'd second Doug's alternatives. Dealing with contentious heirs can justify a final hearing to close the estate and discharge the PR. However, I would be wary of the extent of the work expended on releases and who paid it.
>>
>> I've been in courtroom when a commissioner ordered fees disgorged from the PR and the PR's attorney for work associated with trying to get settlement agreements and waivers from heirs and beneficiaries releasing the PR from liability, reasoning that all work associated with any release of liability was for the PR's personal benefit, did not provide any benefit to the estate, and were not appropriate administrative expenses. The Commissioner spent quite a long time dressing down the PR and his counsel for this misappropriation of estate resources. The amount of fees was substantial, I can't remember the exact figure but it was well over $20k, so the sheer amount may have been what sent the commissioner over the edge. Still a good cautionary example.
>>
>> Tara M. Roberts
>> Puget Sound Law pllc
>> roberts at pugetsoundlaw.com<mailto:roberts at pugetsoundlaw.com>
>>
>>
>>
>> On Tue, Sep 27, 2016 at 9:35 PM, Doug Schafer <schafer at pobox.com<mailto:schafer at pobox.com>> wrote:
>> I have doubts that RPC 1.8(h) applies, or that the requested release of the PR's lawyer is improper. The estate beneficiaries are not clients or former clients of the PR's lawyer, so RPC 1.8(h) by its terms does not apply. But if a beneficiary refuses to sign a release of the PR, then the PR's lawyer reasonably might advise his client (PR) to opt for a costly judicial discharge by filing a final report and petition for distribution and schedule a hearing (rather than filing a declaration of completion) for a judicial decree of distribution and discharge of the PR. (RCW 11.76.040 - .060). However, if a beneficiary signs a release of the PR but strikes out the phrase releasing the PR's lawyer, I believe the lawyer ought to consider that an acceptable release, and the lawyer should rely on Trask v. Butler, 123 Wn.2d 835, to shield him/her from liability. If the lawyer in such a case insists on a personal release of the lawyer, I believe the lawyer's interests are then confl!
>> icting with his/her client's interests in expeditiously closing the estate.
>>
>> RPC 1.8(h) reads:
>> (h) A lawyer shall not:
>> (1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless permitted by law and the client is independently represented by a lawyer in making the agreement; or
>> (2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of an independent lawyer in connection therewith.
>>
>> Doug Schafer, in Tacoma
>>
>> On 9/27/2016 4:06 PM, Karen E. Boxx wrote:
>>
>> Sounds like a potential violation of RPC 1.8(h).
>>
>>
>>
>> From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul
>> Sent: Tuesday, September 27, 2016 3:09 PM
>> To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
>> Subject: [WSBAPT] Self-Serving Receipt of Heir
>>
>>
>>
>> Just saw something that raised my eyebrows in a probate where I represent a beneficiary. The PR?s attorney prepared, and is distributing for signature, a ?Receipt of Heirs? that releases the estate, the PR, AND THE PR?S ATTORNEY. It releases ?[PR?s attorney?s name], in his capacity as attorney for the personal representative, from any further or other liability with regard to this matter.? This just doesn?t pass the smell test for me. OR, should I start preparing my Receipt of Heirs by releasing me for probates I am handling??? What is the common practice out there in probate land?
>>
>>
>>
>> [cid:image001.jpg at 01D2196C.527F1BF0]
>>
>>
>>
>>
>> _______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/386be62e/attachment-0001.html>
>> -------------- next part --------------
>> A non-text attachment was scrubbed...
>> Name: image001.jpg
>> Type: image/jpeg
>> Size: 7280 bytes
>> Desc: image001.jpg
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/386be62e/image001-0001.jpg>
>>
>> ------------------------------
>>
>> Message: 10
>> Date: Wed, 28 Sep 2016 17:55:20 +0000
>> From: Dalynne Singleton <dalynne at glgmail.com>
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: [WSBAPT] Compelling Sister to give copy of Will?
>> Message-ID:
>> <DM2PR12MB0046924119E4C409882C9534A5CF0 at DM2PR12MB0046.namprd12.prod.outlook.com>
>>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>> Has probate been filed? If yes, then petition for her to bring Will to court. If she filed a testate estate, the Will would be on file. If she filed a intestate estate, she is lying to the court that there is no Will.
>>
>> If not filed, he can file probate and have a hearing on the Petition for Non-Intervention Powers. Serve her and she will probably respond. If not, he will be appointed and he can inform the court that he believes there is a Will but sister is withholding it... She will have to answer to the court for her actions.
>>
>> Dalynne Singleton
>>
>> Gourley Law Group
>> Snohomish Escrow
>> The Exchange Connection
>> 1002 10th Street / PO Box 1091
>> Snohomish, WA 98291
>>
>> 360.568.5065
>> 360.329.4079
>> 360.568.8092? fax
>> dalynne at glgmail.com
>>
>> LICENSED IN WASHINGTON AND OREGON
>> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).? Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.? If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
>> ?? ?????
>>
>>
>> -----Original Message-----
>> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of George Edensword-Breck
>> Sent: Tuesday, September 27, 2016 6:11 PM
>> To: burchettlaw at yahoo.com; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Compelling Sister to give copy of Will?
>>
>> You would not open the probate in any Washington jusridiction witnout prresenting the will. Where is the probate?
>>
>> -----Original Message-----
>> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of burchettlaw at yahoo.com
>> Sent: Tuesday, September 27, 2016 9:53 AM
>> To: WSBA Probate & Trust Listserv
>> Subject: [WSBAPT] Compelling Sister to give copy of Will?
>>
>> Hi All:
>>
>> I have a client whose sister (the executor) is refusing to give him a copy of the Will. Apparently the local court house also does not have a copy. I am not sure if my client is even in the Will, but he seems to believe that he is in the Will as his deceased Mother has told him that property/assets are to be split evenly between him and his sister when she passes. My client also said that he has received some money from his sister from some of his Mother's proceeds, but she is refusing to give him a copy of the Will.
>>
>> Have anyone ever encounter this type of situation and any advice on how to compel the sister to provide a copy of the Will?
>>
>> Best,
>>
>> Linda
>> Burchett Law Firm
>> 360-425-2560
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>>
>>
>>
>> ------------------------------
>>
>> Message: 11
>> Date: Wed, 28 Sep 2016 11:30:05 -0700
>> From: Jim Doran <jim at doranlegal.com>
>> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Building Contract
>> Message-ID:
>> <CANk51bDaGVEJuOw3TKM1pHEEhqnMcsUc4pMpV5fz-uFaeEvyfQ at mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>>
>> Mike:
>>
>> Do you happen to have the Residential Design-Build Contract (Lump Sum) in a
>> Word document? The WSBA construction section version is a pdf and I don't
>> have the software to convert from pdf to Word. Frustrating.
>>
>> Thank you,
>>
>> Jim Doran
>>
>> James R. Doran
>> Attorney at Law
>> 100 E. Pine Street - Suite 205
>> Bellingham, WA 98225
>> (360)393-9506
>> jim at doranlegal.com
>> www.doranlegal.com
>>
>>> On Fri, Sep 23, 2016 at 2:48 PM, Mike Winslow <mike at winslegal.com> wrote:
>>>
>>> Here is the model agreement published by the Construction Law section of
>>> the WSBA several years ago. I don?t use it, as I rep. mostly general
>>> contractors, so have a more *contractor oriented* agreement.
>>>
>>> But this is sold as being *fair to all parties*. It will get the job done.
>>>
>>>
>>>
>>> If you rep the contractor, do not ignore completing the Notice To
>>> Customer, exhibit D. Failure to have customer sign results in violations of
>>> Contractor Registration Act, abrogates lien rights and is a violation of
>>> the CPA, plus other bad juju. L and I fines contractors a $1,000 fine for
>>> failure to use the form. It must be used in the right sequence and
>>> retention of signed copy in contractor?s records is mandatory.
>>>
>>> Nasty, Nasty trap for the contractor. Best to understand these rules.
>>>
>>>
>>>
>>>
>>>
>>> Michael A. Winslow
>>>
>>> 1204 Cleveland Ave.
>>>
>>> Mount Vernon, WA 98273
>>>
>>> Ph. 360-336-3321
>>>
>>> Em. Mike at winslegal.com
>>>
>>>
>>>
>>> This message is from an attorney, so it?s confidential. If you are not the
>>> intended recipient, it?s too late to stop reading this message, but you may
>>> not use it for any improper purpose. Huge Disclaimer available upon request.
>>>
>>>
>>>
>>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
>>> wsbarppt.com] *On Behalf Of *Jim Doran
>>> *Sent:* Friday, September 23, 2016 2:21 PM
>>> *To:* Real Property Section; WSBA Real Property Listserv
>>> *Subject:* [WSBAPT] Building Contract
>>>
>>>
>>>
>>> Does someone have a template for a residential home building project. My
>>> client, the contractor, has all the building spec details in hand. I
>>> really need a fairly basic contract to which we will attach the
>>> specifications.
>>>
>>> Thank you.
>>>
>>> Jim Doran
>>>
>>> James R. Doran
>>>
>>> Attorney at Law
>>>
>>> 100 E. Pine Street - Suite 205
>>>
>>> Bellingham, WA 98225
>>> (360)393-9506
>>>
>>> jim at doranlegal.com
>>>
>>> www.doranlegal.com
>>>
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160928/6571178e/attachment-0001.html>
>>
>> ------------------------------
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>> End of WSBAPT Digest, Vol 24, Issue 24
>> **************************************
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160929/a1411ffd/attachment.html>
More information about the WSBAPT
mailing list