[WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

[Felicia Value, Attorney at Law]

I had a case like this years back,  Paul,  and I withdrew.  I wrote a letter to my client with a clear reiteration of our conversations re: their intent to disregard the directives of the Will and keep assets themselves,  went through the proper notice process and got out of there.  Even if my client had changed their mind,  the fact that they’d considered doing that in the first place made me unwilling to work with them.  To me it indicates a fundamental dishonesty and willful blindness that I want to stay far away from.  

I’ve certainly worked on estates where my PR said “But this is not what the decedent wanted!”  and I’ve said “I believe you!” and then we’ve made the distributions as described in the Will or intestacy statues.

Good luck -

Felicia 

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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From: Paul Neumiller 
Sent: Thursday, April 20, 2017 1:26 PM
To: wsbapt at lists.wsbarppt.com 
Subject: [WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

A client, after several rationalizations, wants to keep deceased mom’s estate.  No probate will be opened.  While she is paying off the creditors, she intends to keep the left over money (less than $50k) because “that is what Mom wanted” despite being contrary to Mom’s Will (despite my advice otherwise and multiple cya letters).  In doing research, I find  cases regarding PR liability and applicable statute of limitation and trustees and their statutes of limitation (appears to be three years after discovery), but I am not finding cases regarding the non-PR and non-trustee liability and culpability?  Any thoughts?  The beneficiaries under the Will probably don’t even know that “Mom” has passed (and in other state.) 

 





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