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

[Mark Higgins]

Eric and all:

Elena Garella contributes the following:

"The testatrix, and not one of the beneficiaries, determines the trustee; the
superior court, and not one of the beneficiaries, determines his
compensation." *In re Trust Estate of Powell*, 68 Wn.2d 38, 40, 411 P.2d
162, 1966.  *Powell* goes on to reduce the fees demanded: "Even though
giving the trustee full credit for a dedicated endeavor and an excellent
performance, no member of the court hearing this appeal would have allowed
a fee of $ 8,000. It seems to us that a fee more than double what the trust
department of a bank would have charged and amounting to practically a
third of the annual income of the trust, could be approved only under very
exceptional circumstances which do not exist here.
We agree with the respondent trustee that the charges made by trust
companies and trust departments of banks for similar services are not
controlling in the present case, but they certainly are to be included in
the factors going into a determination of what constitutes a just and
reasonable fee."

Also,  Baker Boyer Nat'l Bank v. Garver, 43 Wn. App. 673, might be useful.




On Fri, Aug 17, 2018 at 11:14 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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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>
>
> Rodgers, Kee & Card, P.S.
>
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>
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>
> Phone: 360-352-8311
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> Email: tjw at buddbaylaw.com
>
> Skype: thomas.westbrook
>
> 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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-- 
Mark T. Higgins
P.O. Box 57
Darrington, WA 98241
206-491-2420
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