[WSBAPT] Personal Representative Charges a Percent of the Estate as Personal Representative Fee

[Kerry Richards]

Dear Jeff:
I do not believe that Washington supports PR fees based upon percentages of the estate. That is a California idea. PR fees must be established by time spent and records kept. Further, the time spent must be in recognition of the general price to be paid for such services. For example, cleaning out a house would command an unskilled labor rate and banking tasks if they are special may command the charges for a paralegal. Every activity in between would have varying rates depending upon the task. This sounds like it will go to a hearing where the court can sort it out.
Yours truly,

Kerry A. Richards, Attorney
[cid:image001.png at 01D31B65.31A26710]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Tuesday, December 01, 2020 10:24 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Personal Representative Charges a Percent of the Estate as Personal Representative Fee

Listmates,

This is a new one for me in over 38 years of practice.  Personal Representative does not keep track of time but claims that she and her husband spent hundreds of hours working on behalf of the estate.  Put aside the issue of the husband wanting to be paid for his time from the estate, their attorney is now telling me that the PR can charge, as her fee, 3% of the value of the estate however you figure that out.  This probate has been going on for over a year with no inventory or accounting, yet the estate is ready to close.  And yes, I had brought a motion to remove the PR months ago, but put if off as PR was moving ahead with liquidating assets.  Your thoughts on the "legality" of the fee?

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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