[WSBAPT] Petition for Approval of Creditor's Claim

[Philip N. Jones]

Down here in Oregon, we have two rulings from the Oregon State Bar that say that an attorney who is representing a fiduciary who is also a claimant (or also a beneficiary) does not have a conflict, since the attorney has only one client, despite the fact that the client is wearing two or more hats.  (Fiduciaries, of course, are allowed to have conflicts; attorneys are not.)
But there is no law on point that I can find in Washington.  The problem is not only a lack of authority on point, but also years ago a Washington attorney was disciplined on this issue, after stipulating to the fact that he had a conflict.  I do not understand why that stipulation was made; to me the Oregon rule makes perfect sense: one client, no conflict.  Karen Boxx and I discussed this issue in a presentation at the November 2016 Estate Planning Seminar, if you still have the materials.  The materials discuss the fact that the law on this issue varies from state to state.  Unfortunately.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Friday, May 11, 2018 3:50 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Petition for Approval of Creditor's Claim

Consider whether handling the probate and the petition on the creditor’s claim is a conflict of interest. Last time I had one of these, I sent the client to other counsel to make the claim. It was the extreme case where the PR was also in a CIR (committed intimate relationship) with decedent.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto: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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Friday, May 11, 2018 3:26 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Petition for Approval of Creditor's Claim

All:

Client is PR of estate and informed me today that he's also a creditor of the estate pursuant to a promissory note. RCW 11.40.140 requires that we petition the court for approval of the creditor claim under TEDRA. I've done a number of non-judicial settlement agreements under TEDRA but never filed a petition seeking a court order under TEDRA before. Would anyone who has petitioned for approval of a creditor claim under TEDRA be willing to share with me their pleadings in that matter so I can see what works? I'd rather note bite at the proverbial apple before I have successful pleadings against which to weigh and compare my own.

Thank you and have a lovely weekend.

Best,
David J Faber
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