[WSBAPT] Co-PRs

Fri Jan 19 16:12:02 PST 2018

I took this same approach for years, but the more I have to deal with banks
and brokers under their revised rules, the more I hate having co-PRs and co
AIFs.

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 Bryce Dille
Sent: Friday, January 19, 2018 2:50 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Co-PRs

That sounds fine in practice but try to explain that to parents who have two
adult children  who live in the area who are afraid that if they just name
one it will hurt the feelings of the other the same is also true in naming
attys in fact in the durable POA for financial and heath care. I just
explain the cons and then let them make final decision

cid:image001.jpg at 01D1AB8F.1C8227E0

Bryce H. Dille | Attorney at Law

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Friday, January 19, 2018 2:34 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Co-PRs

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

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

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 

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