[WSBAPT] what qualifies as a cost of administration?

[Marilyn J Kliman Law]

Thanks, Paul. We fully intend to deduct compensation for the PR's time. But
that reminds me . was wondering what folks thought about a reasonable per
hour amount. Since son lives in Maine, he unavoidably missed work for almost
2 weeks, so $30/hr or the amount of lost wages?  Opinions?

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, March 09, 2017 11:19 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] what qualifies as a cost of administration?

 

Not sure why you are limiting the PR recovery to only reimbursement of
out-of-pocket expenses.  I have seen judges award PR fees and compensation
for cleaning out residences in order to prepare them for sale of $30 per
hour.  

 



 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marilyn J Kliman Law
Sent: Thursday, March 9, 2017 10:33 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] what qualifies as a cost of administration?

 

Folks -

 

Out-of-state sole surviving heir, son of decedent & appointed PR, had to
come here to clean up hoarder mom's house to make it saleable. He spent
substantial time away from work and bookoo bucks for cleaning, hauling,
etc,, in addition to the cost of  airfare. Normally, of course, it wouldn't
matter how costs were categorized as it would eventually all come out of the
same pot for a sole heir. 

 

However, DSHS has a substantial lien on the house - the only asset - likely
exceeding the value of the property. They have agreed to accept a reduced
percentage but, depending on what the house sells for, the DSHS recovery may
eat up what's left when it's their turn, a la  RCW 11.76.110, leaving
nothing for the son.  Seems only reasonable that, at very least, son should
not end up in the negative for out-of-pocket costs. (We did negotiate the
reduced lien with DSHS before advising son to even open probate vs. walking
away, but son has since discovered greater debt than anticipated.)  

 

So . I have not found any definitive law or rule as to what constitutes
"costs of administration."  Technically, is maximizing the estate value by
coming here and cleaning up the house an administrative expense? My thought
at this point is to submit all out-of-pocket costs as expenses and let DSHS
object if they care to.

 

Thoughts and wisdom?

 

Marilyn J. Kliman, Attorney at Law

Marilyn J. Kliman Law, PLLC

510 Bell Street

Edmonds, WA 98020

206.499.0993

Marilyn at MarilynJKlimanLaw.com

www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.com/> 

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