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

[Eric Nelsen]

Thanks Tom--Allard is helpful and I've inserted it for my briefing on attorney fees award.

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Thursday, August 16, 2018 7:55 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Deny PR or Trustee Fee for breach of fiduciary duty?

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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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt at lists.wsbarppt.com>) <wsbapt at lists.wsbarppt.com<mailto: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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