[WSBAPT] Non-Profit Entity/Board President as Personal Representative

[John Creahan]

David,
I don’t know whether you can identify a personal representative by class in that way, but I would recommend against this approach in any case. Although some large charities (hospitals, universities, large community foundations, etc.) will serve as PR, there is a good chance your client’s preferred charity would decline to serve, leaving extended family members as the most likely fiduciaries – which is not a good option.
Appointing a professional fiduciary as personal representative is likely the best way to “make it as easy as possible for the nonprofit.” In addition, since the charity would likely rely on a lawyer or accountant, a professional PR (such as WE Trust Co, which charges a reasonable hourly rate) might actually be less expensive. Finally, a professional fiduciary could serve as her financial agent (if she doesn’t already have one), which could further reduce costs if she became incapacitated.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Tuesday, May 30, 2017 3:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non-Profit Entity/Board President as Personal Representative

List:

I have a maybe strange (or maybe banal to most of you, but new and strange to me) question: Client wants to leave their entire estate to a nonprofit entity, and they want to name the then-sitting president of the board, or their designee, as Personal Representative of Client's estate. The Client is widowed with no children, wants nothing to do with their extended family, and has no close friends. The Client also does not want to hire a specific professional fiduciary because the estate is not massive and they want to make it is as easy as possible for the nonprofit. My question: would the following language fly?

"I nominate and appoint the then-acting President, or designee thereof, of [NONPROFIT], a not-for-profit corporation located in [LOCATION], Washington State, to serve as my Personal Representative."

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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