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

Tue Dec 1 19:13:39 PST 2020

I am in agreement w/those who cite CA as a state that allows a percentage
of the Estate's value for fees.
Which is one of the reasons Trusts are the preferred vehicle for the
transfer of wealth in CA.

Charging a percent of the estate in WA is not a recognized evaluator. It
goes back to attributing time spent,
value of services rendered, expertise and the rest. If the PR cannot
account for his/her time/on specific tasks
when fees are challenged there is trouble in the State of WA and the size
of the estate will not help the
PR much when it comes to accounting if the only thing the PR relies on is a
percentage of the estate.

It may be a factor to weigh, but the PR must produce some specific
numbers/tasks.

in my humble opinion. Licensed in both states.

On Tue, Dec 1, 2020 at 4:55 PM Inge Fordham <inge at fordhamlegal.com> wrote:

> 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.
>
>
>
>
>
> [image:
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>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
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> Office: (253) 348-2657 | Mobile: (206) 778-3131
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> 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 <ggibbs at andersonhunterlaw.com> *
>
>  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
> email: info at bellanddavispllc.com
> www.bellanddavispllc.com
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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