[WSBAPT] WSBAPT Digest, Vol 67, Issue 17
Lisa A. Malpass
lam at winstoncashatt.com
Mon Apr 13 13:37:12 PDT 2020
I will list myself ONLY for the purposes of "identifying a professional Personal representative such as a CPA or lawyer", but NEVER assume the role myself and have no expectation of pecuniary or fiduciary involvement as a PR. I only do that when the individual cannot think of anyone past the first or second nominated PR and it is the wish of the client to have a professional after the nomination of their first or second choice.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of wsbapt-request at lists.wsbarppt.com
Sent: Monday, April 13, 2020 1:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 67, Issue 17
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Today's Topics:
1. Re: Attorney as Alternate PR? (Candace Wilkerson)
2. Re: Process from dismiss Disso due to death and opening
Probate (Josh Grant)
3. Re: Attorney as Alternate PR? (Mark Vohr)
4. Re: Attorney as Alternate PR? (John Llewellyn)
5. Re: Attorney as Alternate PR? (ron at housh.org<mailto:ron at housh.org>)
6. Re: Attorney as Alternate PR? (Paul Neumiller)
7. Re: Attorney as Alternate PR? (ron at housh.org<mailto:ron at housh.org>)
8. Re: Attorney as Alternate PR? (Paul Neumiller)
9. Re: opening probate (Dalynne Singleton)
10. Re: Attorney as Alternate PR? (Susan Donahue)
11. Re: Attorney as Alternate PR? (Mark Vohr)
12. Re: Attorney as Alternate PR? (Jeannie OBrien)
13. Re: Attorney as Alternate PR? (Mark Vohr)
14. Re: Attorney as Alternate PR? (Jane Bitz)
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Message: 1
Date: Mon, 13 Apr 2020 19:55:32 +0000
From: Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<1515134843.229221.1586807734231 at emg-ca-1-1.securemail.intermedia.net<mailto:1515134843.229221.1586807734231 at emg-ca-1-1.securemail.intermedia.net>>
Content-Type: text/plain; charset="utf-8"
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,
[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<http://www.fordhamlegal.com><http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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Message: 2
Date: Mon, 13 Apr 2020 12:55:49 -0700
From: "Josh Grant" <jgrant at accima.com<mailto:jgrant at accima.com>>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Process from dismiss Disso due to death and
opening Probate
Message-ID: <1CA5D4299F814CD29D3DFD7568E09817 at JoshPC>
Content-Type: text/plain; charset="utf-8"
I always understood that death ends all divorce cases, OP would get family allowance in estate case?
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Monday, April 13, 2020 11:31 AM
To: WSBA Probate & Trust Listserve
Subject: [WSBAPT] Process from dismiss Disso due to death and opening Probate
Client's death leaves me w/o a client in a divorce case. OP is pro se and will need a family allowance and will not just allow dismissal to take place as it will dismiss Temp Order re maintenance. Do I open probate first and have PR sign Order of Dismissal for Dissolution?
Thanks
Mike
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Message: 3
Date: Mon, 13 Apr 2020 19:56:28 +0000
From: Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<MWHPR13MB164872CB23F3181504A0B28FA1DD0 at MWHPR13MB1648.namprd13.prod.outlook.com<mailto:MWHPR13MB164872CB23F3181504A0B28FA1DD0 at MWHPR13MB1648.namprd13.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
It is important that the attorney understand they may be challenged by the court for charging their normal hourly rate for work the court knows is commonly done by paralegals or a family member PR or a fiduciary PR at a lower hourly rate.
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<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 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,
[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<http://www.fordhamlegal.com><https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=JeSsC4Qu-MMQY6RXHyXJ9LLR0pxdGZcY3J31qOrqDp8&s=_oSWxYk0Q2BldpUX6Wn0Vv_QA1vgcdYxXlj7tkyxfcQ&e=<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=JeSsC4Qu-MMQY6RXHyXJ9LLR0pxdGZcY3J31qOrqDp8&s=_oSWxYk0Q2BldpUX6Wn0Vv_QA1vgcdYxXlj7tkyxfcQ&e=>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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Message: 4
Date: Mon, 13 Apr 2020 19:58:25 +0000
From: John Llewellyn <john at llllaw.net<mailto:john at llllaw.net>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<MWHPR22MB04627101C7CC973981CB7346BEDD0 at MWHPR22MB0462.namprd22.prod.outlook.com<mailto:MWHPR22MB04627101C7CC973981CB7346BEDD0 at MWHPR22MB0462.namprd22.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
Learned counsel;
I too have been the administrator of estates, or co-administrator when the named PR isn?t bondable. Like Karl, I only do it when it?s absolutely necessary.
The thing to be aware of is you can?t charge attorney fees/rates when you are merely the PR. You get paid at the rate personal representatives are paid in the ?Greater Puget Sound Area?, or some similar language. When I am PR, I usually charge $100 per hour for estate administration.
And you probably shouldn?t be your own legal counsel.
John G. Llewellyn, Esq.
Llewellyn & Shafer, PLLC
_________________________
ATTORNEYS & COUNSELORS AT LAW
4847 California Ave. SW, Suite 100
Seattle, WA 98116
PH (206) 923-2889 FX (206) 923-2892
The information contained in this electronic message is attorney privileged and confidential intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify us by telephone immediately at (206) 923-2889, and delete the original message. Thank you.
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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 Karl Flaccus
Sent: Monday, April 13, 2020 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited ? please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com>> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto: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<mailto:wsbapt at lists.wsbarppt.com%3cmailto: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,
[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<http://www.fordhamlegal.com><http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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Message: 5
Date: Mon, 13 Apr 2020 13:00:24 -0700
From: <ron at housh.org<mailto:ron at housh.org>>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID: <1b2401d611ce$2ba7f110$82f7d330$@housh.org<mailto:1b2401d611ce$2ba7f110$82f7d330$@housh.org>>
Content-Type: text/plain; charset="utf-8"
In the rare instances I have done this I have had the client sign off on a letter where I explain in detail the other options, that fees will be charged if I am appointed and serve with an emphasis on confirming reasons why the client has made this decision.
Ron
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
Attorney at Law
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org<mailto:ron at housh.org>
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org<mailto:ron at housh.org>
From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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> <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%20%3cmailto: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<mailto:wsbapt at lists.wsbarppt.com%20%3cmailto: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,
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com> <http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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Message: 6
Date: Mon, 13 Apr 2020 20:02:21 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<MWHPR11MB15978A67D05CE78D84682EE9D2DD0 at MWHPR11MB1597.namprd11.prod.outlook.com<mailto:MWHPR11MB15978A67D05CE78D84682EE9D2DD0 at MWHPR11MB1597.namprd11.prod.outlook.com>>
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At some point in the history of this listserv, a poster had pointed out that while the WA supreme court didn?t say that listing an attorney was per se unethical and self-dealing, it was, just the same, extremely discouraged. In fact, a local attorney refused to allow his client to list him as the alternative PR unless the client went to an attorney and got a second opinion as to the advantages and disadvantages of using an attorney as an alternative PR.
[cid:image002.jpg at 01D61193.63C81510]
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 Laurel Brown
Sent: Monday, April 13, 2020 12:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
I have done this on occasion and have never run into any issues.
Best,
Laurel
On Mon, Apr 13, 2020 at 12:36 PM Inge Fordham <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com<mailto:inge at fordhamlegal.com%3cmailto:inge at fordhamlegal.com>>> wrote:
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,
[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
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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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Message: 7
Date: Mon, 13 Apr 2020 13:02:02 -0700
From: <ron at housh.org<mailto:ron at housh.org>>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID: <1b3801d611ce$6649b510$32dd1f30$@housh.org<mailto:1b3801d611ce$6649b510$32dd1f30$@housh.org>>
Content-Type: text/plain; charset="utf-8"
Agree with John about fees - and in my letter I recall explaining fees as a PR versus fees as the attorney.
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
Attorney at Law
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org<mailto:ron at housh.org>
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org<mailto:ron at housh.org>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Llewellyn
Sent: Monday, April 13, 2020 12:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Learned counsel;
I too have been the administrator of estates, or co-administrator when the named PR isn?t bondable. Like Karl, I only do it when it?s absolutely necessary.
The thing to be aware of is you can?t charge attorney fees/rates when you are merely the PR. You get paid at the rate personal representatives are paid in the ?Greater Puget Sound Area?, or some similar language. When I am PR, I usually charge $100 per hour for estate administration.
And you probably shouldn?t be your own legal counsel.
John G. Llewellyn, Esq.
Llewellyn & Shafer, PLLC
_________________________
ATTORNEYS & COUNSELORS AT LAW
4847 California Ave. SW, Suite 100
Seattle, WA 98116
PH (206) 923-2889 FX (206) 923-2892
The information contained in this electronic message is attorney privileged and confidential intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify us by telephone immediately at (206) 923-2889, and delete the original message. Thank you.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com%20%3cmailto: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 <mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com%20%3cmailto: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
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited ? please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.
From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com%20%3cmailto: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<mailto:wsbapt at lists.wsbarppt.com%20%3cmailto: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,
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com> <http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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------------------------------
Message: 8
Date: Mon, 13 Apr 2020 20:04:37 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<MWHPR11MB159745D1B064EB355F1A1D62D2DD0 at MWHPR11MB1597.namprd11.prod.outlook.com<mailto:MWHPR11MB159745D1B064EB355F1A1D62D2DD0 at MWHPR11MB1597.namprd11.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
I also query whether your legal malpractice insurance will cover your actions as an alternative PR.
[cid:image003.jpg at 01D61194.0C437DB0]
IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
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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 John Llewellyn
Sent: Monday, April 13, 2020 12:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Learned counsel;
I too have been the administrator of estates, or co-administrator when the named PR isn?t bondable. Like Karl, I only do it when it?s absolutely necessary.
The thing to be aware of is you can?t charge attorney fees/rates when you are merely the PR. You get paid at the rate personal representatives are paid in the ?Greater Puget Sound Area?, or some similar language. When I am PR, I usually charge $100 per hour for estate administration.
And you probably shouldn?t be your own legal counsel.
John G. Llewellyn, Esq.
Llewellyn & Shafer, PLLC
_________________________
ATTORNEYS & COUNSELORS AT LAW
4847 California Ave. SW, Suite 100
Seattle, WA 98116
PH (206) 923-2889 FX (206) 923-2892
The information contained in this electronic message is attorney privileged and confidential intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify us by telephone immediately at (206) 923-2889, and delete the original message. Thank you.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com>> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto: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<mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com%3cmailto: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
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited ? please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com>> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto: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<mailto:wsbapt at lists.wsbarppt.com%3cmailto: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,
[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<http://www.fordhamlegal.com><https://eur05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.fordhamlegal.com%2F&data=02%7C01%7C%7C4b6867bf76f14deb86b308d7dfe589de%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637224049262481267&sdata=7x4ZbjwqpsXPTjl0yn%2BXsVT3PK8APkZkU%2FCmqFFvRSA%3D&reserved=0<https://eur05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.fordhamlegal.com%2F&data=02%7C01%7C%7C4b6867bf76f14deb86b308d7dfe589de%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637224049262481267&sdata=7x4ZbjwqpsXPTjl0yn%2BXsVT3PK8APkZkU%2FCmqFFvRSA%3D&reserved=0>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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------------------------------
Message: 9
Date: Mon, 13 Apr 2020 20:04:49 +0000
From: Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] opening probate
Message-ID:
<MWHPR1201MB020555CF86564D8B91A36CD7A5DD0 at MWHPR1201MB0205.namprd12.prod.outlook.com<mailto:MWHPR1201MB020555CF86564D8B91A36CD7A5DD0 at MWHPR1201MB0205.namprd12.prod.outlook.com>>
Content-Type: text/plain; charset="utf-8"
It depends on the county as each are doing things a little differently.
In King county, I have been able to use efiling and ex parte via the clerk and open probates, get signed Orders and Letters.
If you need to have a hearing, I think you can still file and serve, note for hearing but it will be no oral argument unless ordered by the court and then by telephone.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com<mailto:dalynne at glgmail.com%3cmailto:dalynne at glgmail.com>>
Website: www.glglawgroup.com<http://www.glglawgroup.com>
Due to COVID-19, I am working remotely. As a result, I cannot accept any physical messenger service at this time. Please email all pleadings and agreed upon service documents to theresa at glgmail.com<mailto:theresa at glgmail.com<mailto:theresa at glgmail.com%3cmailto:theresa at glgmail.com>>.
In-person meetings are not possible at this time. Email is the best way to reach me until further notice. If you would like a telephone conference, please email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com<mailto:theresa at glgmail.com%3cmailto:theresa at glgmail.com>> or dara at glgmail.com<mailto:dara at glgmail.com<mailto:dara at glgmail.com%3cmailto:dara at glgmail.com>> to set such conference.
Thank you very much and stay safe!
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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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 Marilyn Kliman
Sent: Monday, April 13, 2020 12:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] opening probate
Folks ?
What?s the process - or can someone please direct me where to find same ? for opening probate now?
I thought I saw an email come through from the court but cannot find it, and there?s nothing obvious I can see on the court website.
Many thanks.
Marilyn J.Kliman
Marilyn J. Kliman Law, PLLC
510 Bell Street<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>>
Edmonds, WA 98020<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>>
206.499.0993<tel:206.499.0993>
Marilyn at MarilynJKlimanLaw.com<mailto:Marilyn at MarilynJKlimanLaw.com<mailto:Marilyn at MarilynJKlimanLaw.com%3cmailto:Marilyn at MarilynJKlimanLaw.com>>
www.MarilynJKlimanLaw.com<http://www.MarilynJKlimanLaw.com><http://www.marilynjklimanlaw.com/<http://www.marilynjklimanlaw.com>>
NOTICE: Information contained in this email may be confidential and/or legally protected from disclosure. Our understanding is that intended recipients consent to use of e-mail unless we are notified otherwise in writing. If you are not the intended recipient, nor an employee or agent responsible for delivering this message to the intended recipient, any unauthorized dissemination, distribution or copying of this communication is strictly prohibited. If you have received this in error, please notify us immediately by replying to the message and deleting it from your computer.
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------------------------------
Message: 10
Date: Mon, 13 Apr 2020 13:05:51 -0700
From: "Susan Donahue" <sdonahue at sdonahuelaw.com<mailto:sdonahue at sdonahuelaw.com>>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID: <006f01d611ce$ee7fdae0$cb7f90a0$@sdonahuelaw.com<mailto:006f01d611ce$ee7fdae0$cb7f90a0$@sdonahuelaw.com>>
Content-Type: text/plain; charset="utf-8"
I?ve only rarely done it?maybe two times. One ?con? is that if you do become the PR you can be charged with self-dealing for having written yourself into the will in the first place. PRs can get paid.
Susan
OSusan Donahue
Law Office of Susan Donahue
125 West 2nd Avenue, Suite ?B?
P.O. Box 81
Twisp, WA 98856
(509) 996-5944 (phone)
(509) 362-9692 (fax)
<mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com
<http://www.sdonahuelaw.com<http://www.sdonahuelaw.com>> www.sdonahuelaw.com<http://www.sdonahuelaw.com>
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
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited ? please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.
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,
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com> <http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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------------------------------
Message: 11
Date: Mon, 13 Apr 2020 20:07:45 +0000
From: Mark Vohr <mcv at ohanafc.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<MWHPR13MB164810B069D8460BB6B36753A1DD0 at MWHPR13MB1648.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
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<http://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,
[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<http://www.fordhamlegal.com><https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=o8Pz1RzyTrxIj3A-3mhoHlOarXoN_ioHvaTIVRFSHIA&s=4Y9UBuYh6v8z2zVpjCKKulg7PKsYZCMUasj7VLE65Cc&e=<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=o8Pz1RzyTrxIj3A-3mhoHlOarXoN_ioHvaTIVRFSHIA&s=4Y9UBuYh6v8z2zVpjCKKulg7PKsYZCMUasj7VLE65Cc&e=>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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------------------------------
Message: 12
Date: Mon, 13 Apr 2020 20:08:19 +0000
From: Jeannie OBrien <jeannie at selanderobrien.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID: <101428786221407bb05e3fcb0ba571e7 at selanderobrien.com>
Content-Type: text/plain; charset="utf-8"
I have also been asked to serve as PR by clients in the same situation as Karl describes. When I draft a Will where I am named PR or alternate PR, I have my staff witness, and have their two signatures notarized by an independent notary.
Jeannie O'Brien, Attorney
www.SelanderOBrien.com<http://www.SelanderOBrien.com><http://www.selanderobrien.com/<http://www.selanderobrien.com>>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax
[Logo2a]
Please know that Selander O?Brien Attorneys PLLC is deemed an essential business and is operating during Governor Inslee?s Stay Home, Stay Healthy proclamation. We are working remotely during regular business hours, responding to email and checking voice messages. Thank you for your patience and understanding during this emerging health crisis. If your situation requires an in person meeting with one of us, we will find a way to conduct the meeting safely, in accord with the CDC guidelines.
This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately, and do not copy or send this message to anyone else.
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
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited ? please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.
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,
[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<http://www.fordhamlegal.com><http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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------------------------------
Message: 13
Date: Mon, 13 Apr 2020 20:09:57 +0000
From: Mark Vohr <mcv at ohanafc.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<MWHPR13MB1648F495CF6D897402CBAA28A1DD0 at MWHPR13MB1648.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
What Ron said?..
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<http://www.ohanafc.com>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of ron at housh.org
Sent: Monday, April 13, 2020 1:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
In the rare instances I have done this I have had the client sign off on a letter where I explain in detail the other options, that fees will be charged if I am appointed and serve with an emphasis on confirming reasons why the client has made this decision.
Ron
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
Attorney at Law
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: ron at housh.org<mailto:ron at housh.org>
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: ron at housh.org<mailto:ron at housh.org>
From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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,
[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<http://www.fordhamlegal.com><https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=X02TH3JaXEn9QiSQ35TLqckgeVO5uXNd3WDNePmBa14&s=UVC8HTvHgbvrR6Hd357Y8xVtN_LN-TKt0TB2WdKgQ2E&e=<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=X02TH3JaXEn9QiSQ35TLqckgeVO5uXNd3WDNePmBa14&s=UVC8HTvHgbvrR6Hd357Y8xVtN_LN-TKt0TB2WdKgQ2E&e=>>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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------------------------------
Message: 14
Date: Mon, 13 Apr 2020 20:12:26 +0000
From: Jane Bitz <jbitz at whc-attorneys.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?
Message-ID:
<DFDDFD2FC5188749B2C42D580FDF3B71010175AB00 at 2012Temp.Law.int>
Content-Type: text/plain; charset="utf-8"
?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
[image001 (4)][cid:image002.png at 01D61195.2C4C5E50][cid:image004.jpg at 01D61195.2C433690]
THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION. Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail. This mail cannot be modified without express written consent of Wolff, Hislop & Crockett, PLLC. Thank You.
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
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited ? please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.
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,
[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<http://www.fordhamlegal.com><http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
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