[WSBAPT] Attorney as Alternate PR?

[Laurel Brown]

PS - Client had no family, ex husband was deceased; no children, and all
her extended family had predeceased her.

On Mon, Apr 13, 2020 at 1:23 PM Laurel Brown <laurel.brown8385 at gmail.com>
wrote:

> 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
>>
>>
>>
>> [image: image001 (4)]
>>
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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.
>>
>> Seattle, Washington  98115
>>
>> 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*
>


-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*425-361-6286*
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