[WSBAPT] Will directs executor to use a specific attorney: enforceable?

Thu May 24 07:38:10 PDT 2018

I saw this recently in a will but also from an attorney who charged $2,000.00 (yes thousand) for doing a medical POA. Extra charges for traveling to a hospital and doing it after hours. 

When I was shown the will - the same attorney is listed as executor AND it says the estate will pay him his hourly rate!!!! I protested and advised that this was not ok or standard but to no avail. I even offered to re-write to be exactly the same but remove those portions and she wasn’t interested. 

This is the place of trust we hold with our clients who may never know when they are being taken.  

Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail: brent at bwrconsults.com / website: www.bwrconsults.com

> On May 24, 2018, at 7:12 AM, Dalynne Singleton <dalynne at glgmail.com> wrote:
> 
> At the recent seminar on estates, Commissioner Judson said there was an attorney who is being prosecuted now and he suggested would be disbarred who put himself into 100s of Wills that upon the death of the signer, he was paid $5000 for handling the estate.  The Commissioner said they were seeing these Wills in estates being opened and it was a big no no.  I can't imagine that if a family member wanted to be the PR and gave notice to the attorney to appear at a hearing in probate court, the Judge wouldn't have something to say about it..  The Court would consider the choice of the decedent but certainly would ask the relationship of the attorney to the client.
> 
> Dalynne Singleton
> 
> Gourley Law Group
> Snohomish Escrow
> The Exchange Connection
> 1002 10th Street / PO Box 1091
> Snohomish, WA 98291
> 
> 360.568.5065
> 360.329.4079
> 360.568.8092  fax
> dalynne at glgmail.com
> 
> LICENSED IN WASHINGTON AND OREGON
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> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lewis, Amy C.
> Sent: Wednesday, May 23, 2018 5:22 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Will directs executor to use a specific attorney: enforceable?
> 
> I had a similar issue a few years ago, where the PR did the probate on his own (after handling several other probates with the help of our office).  The attorney named in the Will objected.  I pointed out that it was a potential conflict of interest for him to have drafted the Will that way.  He backed down, and we did not have to argue it to the court.  I do not think such a provision is enforceable.
> 
> The language you quoted sounds more like the attorney is named as alternate PR rather than as attorney.  Is there more to the language?
> 
> 
> Amy C. Lewis, Attorney
> Eisenhower Carlson, PLLC
> 1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402 phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com
> 
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Camille Adair
> Sent: Wednesday, May 23, 2018 5:12 PM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Will directs executor to use a specific attorney: enforceable?
> 
> Hi all,
> 
> We are working with a client whose Mom just passed away. The mom’s will makes my client the executor and “appoints XYZ attorney to serve in her stead.” This attorney is shady and made herself the POA previously (it should have been our client). Our client doesn’t want to use this attorney for probate as she doesn’t trust this attorney. I am going to take our client to another estate planning attorney for an opinion, but any thoughts on whether this provision is really enforceable? Anyone seen anything like this in the past? Thanks!
> 
> Best,
> Camille Adair-Hatch
> 
> Sent from my iPhone
> 
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