[WSBAPT] Attorney as Alternate PR?

Mon Apr 13 15:04:56 PDT 2020

Laurel:
Your situation is a case where I would accept appointment as PR. Where there are multiple beneficiaries and the client doesn’t “trust” any of them to serve as PR is where I won’t agree to put myself in the middle for clients in the future.
Jane.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laurel Brown
Sent: Monday, April 13, 2020 1:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?

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<mailto: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<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

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