[WSBAPT] claim of administrative expense

[Tom Westbrook]

Hey Mike,



Did the AIF get his authority from a DPOA? Is so, since the authority of
the AIF ends at death of the incapacitated person, the AIF can’t take any
action to bind the estate, so I don’t see how the AIF could bind the estate
to any expenses. Seems to me the AIF needs to pay you. My 2 cents.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



[image: whiteRKCS_newlogo50_email_sig]



Rodgers, Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com



The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information.  If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to shannon at buddbaylaw.com, and destroy the
original message from your electronic files.









*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Mike Winslow
*Sent:* Tuesday, April 23, 2019 1:37 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] claim of administrative expense



I have an unusual situation regarding a post death claim on an estate. My
clients were the attorneys in fact for a party who then passed away.
Following his death, the AIF needed to locate the next of kin, then work
with that family member to arrange for the disposition of remains. The
funeral home was trying to force the AIF to advance funds out of their own
pocket to pay for their “standard” (read more expensive) cremation fee.

I advised the AIF regarding dealing with the family member and with the
funeral home, including obtaining from the funeral home a very reduced rate
for cremation, along with deferred payment. Spent about two hours of time
on all this. There was no access to cash at this point and AIF was greatly
in need of advice on the various issues.



The Estate is solvent and has assets. My fees were incurred post death, so
I believe would qualify as “administration expenses”. 11.76. 110 and  150
seems to be about it. I found nothing in 11.40, 11.42 or 11.76 that gives
much guidance about how to submit a claim for post death expenses. WBSA
Probate Desk book does not address this (at least that I could find in
chapters 7 or 8).

I have ginned up a creditors claim, but called it a *Claim for
Administrative Expense* and intend to file with court and submit to the PR
through their attorney.

Thoughts or suggestions?



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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190424/22727dba/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 5396 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190424/22727dba/image001.jpg>