[WSBAPT] Deny PR or Trustee Fee for breach of fiduciary duty?

[Tom Westbrook]

Hey Eric,



Since you give so freely of great advice to this list, I wish I could give
you exactly what you want. The only thing I could find in looking at my
Washington Probate Deskbook is *Allard v. Pacific National Bank*, 99 Wn.2d
394 (1983). Here the court found the bank “…liable for the damages that
flowed from its breach of fiduciary duty.” Seems to me logically that any
fee the fiduciary took for its services would be under the scrutiny of this
case as part of the damages to the estate. But, I don’t have that case in
my back pocket.



Good luck!



Best Regards,



Tom



Thomas J. Westbrook

Attorney at Law



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Rodgers, Kee & Card, P.S.

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Phone: 360-352-8311

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Email: tjw at buddbaylaw.com

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www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Eric Nelsen
*Sent:* Thursday, August 16, 2018 6:00 PM
*To:* WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com) <
wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Deny PR or Trustee Fee for breach of fiduciary duty?



It is getting late and I am competely losing my research ability. Can
anyone point me to the case or cases that say that a PR or Trustee who has
violated her/his fiduciary duty can be denied their fee for services?



Sincerely,



Eric



Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040
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