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

[Inge Fordham]

While that may fly in other states (I believe it’s allowed in CA but don’t quote me), I don’t believe that passes muster in WA.  I’ve always told PRs to keep detailed records of their time.


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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
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of "G. Geoffrey Gibbs" <ggibbs at andersonhunterlaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, December 1, 2020 at 10:35 AM
To: "jeff at bellanddavispllc.com" <jeff at bellanddavispllc.com>, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the Estate as Personal Representative Fee

A percentage fee would not be approved in most of the counties in which I practice (absent a specific authorizing provision in the will).

G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue, Ste. 1001  Everett, WA  98201
PO Box 5397, Everett, WA  98206-5397
Phone: (425) 252-5161 | Fax: (425) 258-3345
ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com>
 www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: Tuesday, December 1, 2020 10:24 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
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
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