[WSBAPT] Client Gone Radio Silent (not a sub-mariner)

Wed Mar 13 15:24:34 PDT 2019

Good catch on my sloppy email - in this case it is one in the same.
Surviving Spouse, under the Will, she takes everything. She is both PR and
sole beneficiary.

On Wed, Mar 13, 2019 at 3:10 PM Marcus Fry <mfry at lyon-law.com> wrote:

> Just .02 cents, but you need to clarify whether your client is the
> Personal Representative or the Estate.  If you represent the Estate, I
> think you may have a duty that extends to the beneficiaries of the Estate.
> A couple of good cases out there concerning the distinction of
> representation.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
> P.O. Box 1689
> Yakima, Washington  98907
> Telephone:  (509) 248-7220
> Facsimile:  (509) 575-1883
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *James W. Spencer
> *Sent:* Wednesday, March 13, 2019 2:57 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Client Gone Radio Silent (not a sub-mariner)
>
>
>
> Greetings Brent:
>
>
>
> As the creditor claim period has ended (and your address is no longer
> needed for service), I would send the client a letter by email and both
> regular and certified mail indicating that you intend to withdraw on X date
> if you do not hear from her. If you don’t hear from her, withdraw. If you
> don’t, and litigation pops up for any reason (waste, breach of fiduciary
> duty, etc. all come to mind), you could find yourself stuck in the matter
> as the estate’s attorney, and if there is anything left on her fee advance,
> bills could rack up quickly and you may have difficulty getting paid.
>
>
>
> I’ve done this with a couple clients just in the past week. Both called to
> schedule appointments once I threatened to withdraw. In both cases, they
> will need to have a clear plan of action to complete the estate if they
> want me to stay on. The risk of hanging out as the estate attorney where
> there’s a wayward PR is, in my opinion, just too high.
>
>
>
> Good luck!
>
> -James
>
>
>
> James W. Spencer
>
> Brothers & Henderson, P.S.
>
> 2722 Eastlake Avenue East, Suite 200
>
> Seattle, Washington 98102
>
> Phone: (206) 324-4300 x106
>
> e-mail:  jamess at brothershenderson.com
>
> www.brothershenderson.com
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Wednesday, March 13, 2019 10:51 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Client Gone Radio Silent (not a sub-mariner)
>
>
>
> Good Morning List -
>
>
>
> Have a client (surviving spouse) of a very simple and easy probate.
> Opened, did initial paperwork, notice period, then the wait.  Completed
> notice period, ready to proceed forward - client has fallen off RADAR. Not
> returning calls.  Non-responsive to letters sent via e-mail or USPS.   I
> have not tried sending something certified - but since this is a first for
> me, I thought I would check in with y'all to see what you do when someone
> just stops responding.
>
>
>
> It has been about two months.  Not trying to collect any money (she paid
> retainer). Simply want to verify that all notice elements were done and get
> the Declaration Ascertaining Creditors returned so we can begin the final
> part of the process.
>
>
>
> Thank you!
>
>
>
> Brent
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Office/Scheduling Phone: (425) 830-5134
>
> Direct Mobile: (206) 889-7919
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
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-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
facebook <http://www.facebook.com/bwrconsults> /
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