[WSBAPT] Attorney as Alternate PR?

Mon Apr 13 13:23:09 PDT 2020

Jane,

Thank you for your thoughtful and informative response.
I do have a probate currently where client's named PR would not accept the
responsibilities unless I would agree to be named as co-PR.  Client's named
PR is also the sole beneficiary of the estate and lives out of state.
I agreed, as client was going on hospice, but had independent notary for
executing documents.
I also keep extremely detailed activity notes in my timekeeping software
and send them to the co-PR/beneficiary for approval prior to payment.

Best,

Laurel

On Mon, Apr 13, 2020 at 1:16 PM Jane Bitz <jbitz at whc-attorneys.com> wrote:

> “C 1.8 comment 8: This Rule does not prohibit a lawyer from seeking to
> have the lawyer or a partner or associate of the lawyer named as executor
> of the client's estate or to another potentially lucrative fiduciary
> position. Nevertheless, such appointments will be subject to the general
> conflict of interest provision in Rule 1.7 when there is a significant risk
> that the lawyer's interest in obtaining the appointment will materially
> limit the lawyer's independent professional judgment in advising the client
> concerning the choice of an executor or other fiduciary. In obtaining the
> client's informed consent to the conflict, the lawyer should advise the
> client concerning the nature and extent of the lawyer's financial interest
> in the appointment, as well as the availability of alternative candidates
> for the position.”
>
>
>
> In the past, when I have agreed to serve as PR, I have the client sign a
> separate letter explaining that this can result in a potential Conflict of
> interest and that I will be charging for my time in connection with the
> Estate Administration which is separate from the attorney fees in
> connection with opening the probate of the Estate.
>
>
>
> I would NOT do this again. The beneficiaries almost always resent the
> appointment of the attorney and it almost always is more headache than its
> worth because you are not supposed to charge your attorney rate for the
> fiduciary work.
>
>
>
> Jane.
>
>
>
> Jane G. Bitz
>
> Of Counsel
>
> Wolff, Hislop & Crockett, PLLC
>
> 12209 E. Mission Ave, Suite 5
>
> Spokane Vallley, WA 99206-4824
>
> (509) 927-9700 x126
>
> FAX: (509) 777-1800
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Karl Flaccus
> *Sent:* Monday, April 13, 2020 12:42 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Attorney as Alternate PR?
>
>
>
> I almost never do this, but I have on rare occasions where the person is
> stuck, in that they don’t have family, or they don’t want to use an agency
> or company.  I have had been appointed PR in these rare circumstances by
> commissioners in Seattle when starting the probate.
>
>
>
> Karl
>
>
>
> *F**LACCUS** L**A**W*
>
> 7010 35th Ave. N.E.
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>
> 206 523-0297
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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,
>
>
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com
>
>
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-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*425-361-6286*
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