[WSBAPT] Co-PRs

[Eric Nelsen]

It's the worst of both worlds, subject to an untested caveat.

Each co-PR generally has the power to act unilaterally and alone. But co-PRs are a legal unity. If one acts unilaterally and causes damage to the Estate, the other is nevertheless liable, even where the acting co-PR has allegedly defrauded the non-acting co-PR. In re Sackman's Estate, 34 Wn.2d 864, 869-870, 210 P.2d 682 (1949); 31 Am.Jur.2d Executors and Administrators Sec. 625 (1967).

Caveat: The modern trend is to soften that harsh liability for the non-acting co-fiduciary--see RCW 11.98.016<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.016> in re co-Trustees. And for co-PRs with non-intervention powers, in theory they are subject to the same liability standard as for co-Trustees under Ch. 11.98 RCW. See RCW 11.68.090(1)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.090>. But so far as I know there isn't yet a case applying the liability standard under 11.98.016 to co-PRs rather than co-Trustees. Note also that even under 11.98.016, last sentence, the non-acting co-PR can still be liable for failure to act or failure to take steps to prevent improper acts by the other co-PR.

If co-PRs have non-intervention powers and there's a concern, it might be a good idea to revoke or limit the NPs. Depending on who you represent--might need a separate lawyer for each co-PR.

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 Jennifer C. Rydberg
Sent: Friday, January 19, 2018 11:06 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Co-PRs

Is anyone aware of a case or authority that requires co-personal representatives to act jointly rather than independently of one another?  Or that says they have authority to act independently?  The issue I'm having relates to the decedent's annuity ownership and its transfer to an heir.

With kindest regards,

Jenny Rydberg

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