[WSBAPT] Requirement in will to use a specific realtor

[Philip N. Jones]

To state the obvious, if the realtor wants to buy the property himself, the first thing on your shopping list should be a fully independent appraisal.
Phil Jones
Portland OR

Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371

On Jan 11, 2019, at 5:31 PM, Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>> wrote:

Marie –

            Citing RCW 11.12.230  Intent of testator controlling, which provides:

All courts and others concerned in the execution of last wills shall have due regard to the direction of the will, and the true intent and meaning of the testator, in all matters brought before them.

I believe tells us that if the will requires the use of a particular broker, then the PR has to use the particular broker.  Just as the PR would have to use a named trustee, etc.   The better practice would be for the will to say it is the testator’s preference to use a certain broker, thereby allowing the PR to take current issues into consideration at time of death.

            I would add that there may be various defenses to using a named broker including, undue influence, conflict of interest, lack of proper licensing, past disciplinary actions,  etc.  I would think that if those issues exist and present themselves at a level that warrants concern, then it would seem a court order under TEDRA authorizing the PR to use a different broker would be appropriate.

Mark

Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com>

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 Marie
Sent: Friday, January 11, 2019 4:58 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Requirement in will to use a specific realtor

Does anyone know whether the PR is required to use the realtor named in the will by the decedent as the listing agent she must use if she chooses to sell the real property in the estate? Does the realtor's expressed desire to buy the property himself impact your answer?
Marie White
Attorney at Law
415 SW 152nd Street
Burien, WA 98166-2208
206-246-1791 Phone
206-246-2080 Fax
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