[WSBAPT] Co-PRs

[Mike Winslow]

Friends don't let friends appoint Co-PRs.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, January 19, 2018 12:05 PM
To: jenny at jcrlaw.com; WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Co-PRs
 
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 
 
 <http://www.jcrlaw.com/> JCR logo ver 1
 
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