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

[Setareh Mahmoodi]

Paul,

That's a tough one. I don't think CYA letters are enough, although very
good measure. If I were you I'd withdraw. I don't think it's worth the
drama it might cause. I would do a very detailed withdrawal letter stating
that you have advised her not to do what she's going to do and withdraw.

My question would then be whether or not this is enough that you need to
notify the potential rightful heirs to prevent or mitigate the fraud? I
would say that's a question for the Bar Ethic's line.

My .2 cents, good luck.

Setareh

On Thu, Apr 20, 2017 at 1:26 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> 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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*Setareh Mahmoodi *

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