[WSBAPT] Charity percentage in a Will contingent on some duty?

[Paul Grant]

I agree with John - I would really shy away from putting a charity in as
PR.  The exception might be if the client has discussed his/her appointment
with the board of the charity - still a risk that by the time client dies
the board has changed and would still decline.

Regardless of that, I would beef up the PR section of payment and put in a
clause there that the charity is entitled to being paid for its PR services
in the amount of xxx.  Look at RCW 11.48.210 which allows for a testator to
put a specific sum for compensation of PR.  Interestingly, court
reasonableness is absent from that sentence.

Be sure to get a solid back-up of PR as well.


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Thu, Jul 13, 2017 at 4:08 PM, John Creahan <john at cairn-law.com> wrote:

> Hi Lisa Kay,
>
> From a planning perspective, I would ask the client to assume that the
> charity will decline to serve as PR (which might be a good thing since
> their employees are busy, have little or no experience in the role, and are
> unlikely to have E and O insurance if they make a mistake).
>
> I would ask the client to think about why he or she wants that particular
> charity to serve as PR and would try to help the client understand that
> the personal representative (whoever it is) is entitled to a fee. A
> charitable gift, on the other hand, is just that – a gift.
>
> I would likely encourage my client to appoint a professional fiduciary to
> serve as PR and give the charity an unrestricted gift.
>
> Hope this helps,
>
> John
>
>
>
> John Creahan
>
> www.cairn-law.com
>
> *Now located in the heart of Fremont *3417 Evanston Ave. N, Suite 312
> Seattle, WA 98103
> 206-578-5877 <(206)%20578-5877>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Lisa Kay Mikkelson
> *Sent:* Thursday, July 13, 2017 2:55 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Charity percentage in a Will contingent on some duty?
>
>
>
> Good Afternoon Everyone,
>
>
>
> I hope through all the vast experience on this list serve, someone will
> have some guidance for the below situation. I have not had a client with
> this situation before and I'm a little rusty on conditional gifts in Wills.
>
>
>
> HC gives most of the estate to multiple charities. One of those charities
> is nominated to act as personal representative. So far, so good. HC asked
> if there a way to make the gift to the charity conditioned on actually
> acting as the PR. Basically, what is the incentive for the charity to act
> as the PR if they get the money anyway.
>
>
>
> I value all comments and guidance.
>
>
>
> Thank you in advance for your time!
>
>
>
> Regards,
> *Lisa Kay*
>
>
> *Lisa Kay Mikkelson*
>
> *Mikkelson Law, PLLC*
>
> Mailing: PO Box 15147, Tumwater, WA 98511
>
> Office: 5757 Capitol Blvd SW, Tumwater, WA 98501
>
> Ph: (360) 786-8010
>
> Fax: (360) 754-1921
>
> mikkelsonlk at yahoo.com
>
>
> The information in this e-mail message is privileged, confidential, or
> otherwise protected from disclosure. It is intended only for the use of the
> recipient or the person responsible to deliver it to the intended
> recipient. If you received this in error, you are hereby notified that any
> dissemination, distribution or copying of this communication is strictly
> prohibited. If you have received this message in error, please notify us by
> telephone immediately at (360) 786-9040, and delete the original message.
>
> _______________________________________________
> 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/20170716/a1afbaeb/attachment.html>