[WSBAPT] claim of administrative expense

[Mike Winslow]

Yes, it is really a limbo status for the AIF. They can hold out for an agreement to be paid for the transfer process or they can wait until a PR is appointed, then dump stuff off to the PR. Seems pretty unfair to the AIF to do any work or seek any legal advice without compensation.
Hopefully, the estate attorney will advise the PR to pay.
 
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 Tom Westbrook
Sent: Wednesday, April 24, 2019 10:08 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] claim of administrative expense
 
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
 
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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.
 
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