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

Wed Dec 2 10:20:30 PST 2020

Attorneys in WA are prohibited from charging percentage of estate as fees.  I would think the Judge would apply the same logic to the PR.  This would be a horrible result if allowed - what if estate is worth $10 million v. an estate worth $10,000?  In the alternative, the PR could get agreement from the heirs as to the fees charged and paid with non-intervention powers but the fees must be "reasonable" for the amount of work done.  If the decedent wanted the PR to take a % of the estate as his/her fees, that would have been in the Will if there was one.  I have had Judges discount fees when work was done and hours/time tracked based on what the work was - whether it required knowledge and skill or was cleaning out a garage...

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Wednesday, December 2, 2020 8:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; jeff at bellanddavispllc.com
Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the Estate as Personal Representative Fee

I completely agree.  There is no way a commissioner/judge will accept a percentage fee, unless it can be supported by documentation of what's been done.  In my experience PR fees are very carefully examined by the court, especially if there is an objection to them.

Candace Wilkerson

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 Kerry Richards
Sent: Tuesday, December 1, 2020 2:03 PM
To: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the Estate as Personal Representative Fee

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
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The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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
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