[WSBAPT] claim of administrative expense

Wed Apr 24 15:07:30 PDT 2019

Good to know there was a court commissioner in Sno Co with a sense of fairness. I am sure you are the second one (assuming you are still filling that role from time to time). J

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.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Wednesday, April 24, 2019 2:16 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] claim of administrative expense

I had a contested case along the same line, and the Snohomish County Commissioner said the attorneys fees had to be paid, basically on fairnesss grounds.

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) 

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

On 4/24/2019 1:59 PM, Mike Winslow wrote:
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

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] 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

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:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com
Skype: thomas.westbrook
 <http://www.buddbaylaw.com/> 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  <mailto:shannon at buddbaylaw.com> 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.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190424/95bbe987/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3752 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190424/95bbe987/image001.jpg>