[WSBAPT] Attorney as Alternate PR?

Mon Apr 13 16:04:32 PDT 2020

This has been an interesting discussion.  I agree that generally an attorney should not act as PR.  However, I did it once.  The client came in on a Friday and begged me to act as PR as he had no one he could think of to act in that capacity.  We did not have time to seek out alternate professional personal representative.  So I agreed.  He died that Sunday.  This was in 2014. 

I just received the final report from the Asbestos’ attorneys allowing me to wrap up and close the probate.  It was a long process and I would not recommend it.

Jeff Davis

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sandra Perkins
Sent: Monday, April 13, 2020 2:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney as Alternate PR?

Why would any attorney agree to serve as PR of an estate when there are experienced professional fiduciaries who do this as their business at more affordable rates?  I would never agree to serve as PR for an estate of any person other than a family member (and even then I would do my best to avoid it).  Lawyers are not the best choice as PR; our job is to practice law.  

“Don’t let your client’s problem become your problem.”

Sandra Perkins

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 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Attorney as Alternate PR?

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 <mailto: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 <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

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>  

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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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