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

David Faber david at faberfeinson.com
Wed May 31 16:12:54 PDT 2017


Thank you both. I was put in touch with Weyburn Fiduciary yesterday, but
would you have any advice on other professional fiduciaries? You mentioned
WE Trust Co., which I will contact. Any other good options?

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

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On Tue, May 30, 2017 at 6:46 PM, John Creahan <john at cairn-law.com> wrote:

> 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
>
> *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 *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
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
> information. If you are not the intended recipient, or believe that
> you have received this communication in error, please do not print,
> copy, retransmit, disseminate, or otherwise use the information. Also,
> please indicate to the sender that you have received this communication in
> error, and destroy the copy you received.***
>
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