[WSBAPT] Attorney as Alternate PR?

[Mark Vohr]

I also think it makes a big difference if the drafting attorney is the one being asked to fill this role.  Generally speaking it would likely be prudent for the attorney to first counsel the client on all other options, then prepare a letter reflecting the conversation, discussing billable rates, etc.  I think a drafting attorney has the duty to make a full disclosure.

Regards,

Mark

Mark C. Vohr, Esq.
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      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Monday, April 13, 2020 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?

I have been asked before, and I always said no because it sounded like a conflict of interest.  However, I never researched it, so I’d be interested in hearing from someone else as well.

Candace

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 Inge Fordham
Sent: Monday, April 13, 2020 12:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Attorney as Alternate PR?

Listmates,

Client has a question as to whether an attorney may be listed as the alternate personal representative in her will.  I’ve never run into this question.  Off the top of my head, I don’t see a problem with it.  Is there a prohibition I’m not aware of?

Thanks in advance,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
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