[WSBAPT] Special Notice

[James W. Spencer]

Listmates:

I request special notice as a matter of course any time my clients are concerned about the fidelity of the PR. It’s my hope that it puts any PR who is thinking about doing something shady on notice that they are being watched.

That said, it doesn’t really have any teeth. I went after a PR who paid himself and his attorney about forty times over a couple of years without ever providing the requested notice. The court was like ¯\_(ツ)_/¯.

I’m skeptical that the later-discussed “final and conclusive” language from .240(1) would actually hold up in light of the plenary authority granted to the court under TEDRA when it comes to equitable allocation of fees, but I reckon it depends on which commissioner you get and on which day. And of course we now know from Rathbone that TEDRA only acts to supplement, no supplant, other statutory provisions, so….

-James

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.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, May 17, 2018 2:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Special Notice

It's in .240 itself, final sentence of subsection (1): "If the notice has been regularly given, any distribution or payment of fees and any order or judgment, made in accord therewith is final and conclusive." Though I haven't seen case law to confirm that effect, and it's kind of contrary to case law indicating that all orders in an estate are interim orders that can be reviewed and revised at the final accounting.

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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, May 17, 2018 1:54 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Special Notice

I remember a couple of years ago one of the listserv contributing attorneys posted that he liked it when he received a special request in a probate because if the requesting party did not object to the payment of the attorney fees under any particular Notice of Intent to pay Attorney Fees, then it is tantamount to a court order and the requesting party would be prevented later to object to those particular attorney fees.  I haven’t researched this to confirm.  Anyone know of such a RCW section?


[cid:image001.jpg at 01D3EDF3.18C8B940]



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Thursday, May 17, 2018 1:32 PM
To: cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Special Notice

I totally agree that the "special notice" is almost entirely useless in a NP estate, except as an annoyance when it comes time to pay attorney fees from the estate. But I don't know of any other statutory authority that would allow a beneficiary to request notice, and I don't think there is any authority that would allow adding other actions to the statutory list in .240.

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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Thursday, May 17, 2018 1:11 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Special Notice


The Request for Special Notice under RCW 11.28.240 is almost irrelevant in non-intervention administrations.  Do others "juice up" their requests to include more relevant actions?
--


Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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