[WSBAPT] what qualifies as a cost of administration?

Thu Mar 9 12:53:27 PST 2017

wow - maybe I cd get $75/hr! 

In a message dated 3/9/2017 1:40:13 P.M. US Mountain Standard Time,  
RandGrave at msn.com writes:

Marilyn, 
Linking the fee to  lost wages is a great argument to make.  I have done it 
several times;  $30/hour is not unreasonable.  I have done $40 and $60/hr 
in the case of  a commercial plumber who had to take time off work to clean 
up his father’s  condo (who was also a hoarder). 
Just my two  cents. 
Randy 

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 11:31 AM
To: 'WSBA Probate & Trust Listserv'  <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] what  qualifies as a cost of administration?

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)   [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)   [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_ 
(mailto: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_ (tel:206.499.0993)  
_Marilyn at MarilynJKlimanLaw.com_ (mailto:Marilyn at MarilynJKlimanLaw.com)  
_www.MarilynJKlimanLaw.com_ (http://www.marilynjklimanlaw.com/)  
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