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

Wed May 31 17:54:52 PDT 2017

I agree with John. I have used WE Trust Co. before in similar situations. I
know I personally wouldn't want to be a PR if I was the president of a
non-profit. It's a big responsibility to take on. I have asked the same
question of the client and they always have the same response so once put
in that light they understand and agree that a professional PR company is
the best way to go.

Setareh

On Wed, May 31, 2017 at 4:12 PM, David Faber <david at faberfeinson.com> wrote:

> 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
>
> *** 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.***
>
> 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.w
>> sbarppt.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.***
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>

-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Cell: 206-683-1006 *

*Fax: 425-489-4142 (Please email documents if at all possible) *

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*

*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170531/92bb7c69/attachment.html>