[WSBAPT] Personal Representative Charges a Percent of the Estate as Personal Representative Fee
Carmen Rowe
carmen at gryphonlawgroup.com
Thu Dec 3 10:10:47 PST 2020
I agree with those that say it is not allowed, for the numerous reasons
cited.
I did see a case where the PR was allowed a %, but in that case it was
unambiguously patently clear on the face of the numbers that the %
involved, of a smaller estate, was far less than the time necessary to
accomplish the numerous tasks done. The court recognized the law but made a
finding that it was facially reasonable as it was clearly far short of a
reasonable rate if hours and out of pocket costs had been itemized. As I
recall (this was a case I was listening to from the peanut gallery waiting
on the docket), when they ran hypothetical numbers reasonably attributed to
the task, it was something like 10% of what the court figured the PR could
have been entitled to. So with a 90% buffer for error, I think the court
found itself safe in its judgment.
In that case the challenge to PR fees was part of a repetitive baseless
contentious approach by one of the heirs, which I am sure played a role.
The PR had clearly done the work out of wanting to help out due to a close
relationship with the deceased and wanting to see her estate through, so
was only looking for nominal compensation. As the PR put it - really to
help cover hard expenses like gas, etc. The court observed dryly that at
the numbers paid, it would have only covered gas under prices last seen in
the '80s, so figured it was reasonable without making the PR go back and
itemize everything.
So nothing to negate the advice here; just a story.
Carmen Rowe, Attorney/Owner
Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com
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On Wed, Dec 2, 2020 at 10:22 AM <wsbapt-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
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> 1. Re: Personal Representative Charges a Percent of the Estate
> as Personal Representative Fee (Jayne Gilbert)
> 2. Re: Personal Representative Charges a Percent of the Estate
> as Personal Representative Fee (Marcus Fry)
> 3. Reminder - Annual WSBA Probate and Trust CLE this Friday!
> (Anna Cashman)
> 4. Re: Personal Representative Charges a Percent of the Estate
> as Personal Representative Fee (Candace Wilkerson)
> 5. Personal Representative Charges a Percent of the Estate as
> Personal Representative Fee (Dalynne Singleton)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 1 Dec 2020 19:13:39 -0800
> From: Jayne Gilbert <jgilbertatty at gmail.com>
> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the
> Estate as Personal Representative Fee
> Message-ID:
> <
> CAEkNtQ1LmG4eSoA90J9R3NdKXKWHETCOQ78qnVc_JH2pdvvxdw at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> 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:
> >
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> >
> > *Inge A. Fordham | Attorney*
> >
> > Fordham Law, PLLC
> >
> > 3218 Sixth Avenue | Tacoma, WA 98406
> >
> > Office: (253) 348-2657 | Mobile: (206) 778-3131
> >
> > www.fordhamlegal.com
> >
> >
> >
> > *Confidential Communication:* This email is sent to a recipient on behalf
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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
> >
> > [image: Description: Description: AH Color Large-no-tag]
> >
> > *This email message may contain confidential and privileged information.
> > Any unauthorized use is prohibited. If you are not the intended
> recipient,
> > please contact the sender by reply email and destroy all copies of the
> > original message.*
> >
> >
> >
> > *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
> > <
> https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=04%7C01%7Cggibbs%40andersonhunterlaw.com%7C647f3391d0354989c84c08d89626641e%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C0%7C637424438938527189%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=C2wT3eEf4BGPgc0z1D9e2%2BNhELWM0klIdAMZ%2Bm%2FmFfY%3D&reserved=0
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>
>
> --
> *************************************************
> Jayne Marsh Gilbert
> Gilbert and Gilbert Lawyers, PS
> (360) 336-9515
> *************************************************
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> ------------------------------
>
> Message: 2
> Date: Wed, 2 Dec 2020 16:27:16 +0000
> From: Marcus Fry <mfry at lyon-law.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the
> Estate as Personal Representative Fee
> Message-ID:
> <
> MWHPR14MB163074E268884EEAFBC30ACAF6F30 at MWHPR14MB1630.namprd14.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> Although this was a case about an attorney utilizing attorney?s rates
> while serving as PR, In re Estate of Dawson (2004-unpublished) provides
> some good analysis regarding reasonableness of fees for a PR. Note, to my
> knowledge, our case law does not bar a percentage for a fee, but given that
> hourly rates have been the standard of practice here in Washington for
> decades, it would make it difficult to get a finding of reasonableness for
> using a percentage. However, if the estate was insolvent at the outset and
> the PR was able to put in the work to not only pay debts but bring some
> inheritance to the estate?s heirs, I could see a court being persuaded with
> a percentage take in such instance.
>
> Marcus J. Fry
> Lyon, Weigand & Gustafson, P.S.
> P.O. Box 1689
> Yakima, Washington 98907
> Telephone: (509) 248-7220
> Facsimile: (509) 575-1883
>
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jayne Gilbert
> Sent: Tuesday, December 01, 2020 7:14 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the
> Estate as Personal Representative Fee
>
> 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<mailto:
> 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.
>
>
>
> [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> 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>
>
> Confidential Communication: This email is sent to a recipient on behalf of
> an attorney/law firm, and is information intended exclusively for the
> individual, entity or company to which it is sent. This communication may
> contain proprietary, privileged or confidential information or may
> otherwise be legally exempt from disclosure other than to the intended
> recipient. If you are not the named addressee, you are not authorized to
> read, print, retain, copy or otherwise disseminate this message or any part
> of it. If you have received this email in error, please notify the sender
> immediately by email or other communication and delete all copies of the
> message.
>
> From: <wsbapt-bounces at lists.wsbarppt.com<mailto:
> wsbapt-bounces at lists.wsbarppt.com>> on behalf of "G. Geoffrey Gibbs" <
> ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com>>
> Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:
> wsbapt at lists.wsbarppt.com>>
> Date: Tuesday, December 1, 2020 at 10:35 AM
> To: "jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>" <
> 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
>
> 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/>
> [Description: Description: AH Color Large-no-tag]
> This email message may contain confidential and privileged information.
> Any unauthorized use is prohibited. If you are not the intended recipient,
> please contact the sender by reply email and destroy all copies of the
> original message.
>
> 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 Jeff Davis
> Sent: Tuesday, December 1, 2020 10:24 AM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:
> 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<mailto:info at bellanddavispllc.com>
> www.bellanddavispllc.com<
> https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=04%7C01%7Cggibbs%40andersonhunterlaw.com%7C647f3391d0354989c84c08d89626641e%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C0%7C637424438938527189%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=C2wT3eEf4BGPgc0z1D9e2%2BNhELWM0klIdAMZ%2Bm%2FmFfY%3D&reserved=0
> >
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com<mailto:
> info at bellanddavispllc.com> or call 360.683.1129
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
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> http://mailman.fsr.com/mailman/listinfo/wsbapt
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>
> --
> *************************************************
> Jayne Marsh Gilbert
> Gilbert and Gilbert Lawyers, PS
> (360) 336-9515
> *************************************************
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> ------------------------------
>
> Message: 3
> Date: Wed, 2 Dec 2020 17:13:37 +0000
> From: Anna Cashman <acashman at khbblaw.com>
> To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Reminder - Annual WSBA Probate and Trust CLE this
> Friday!
> Message-ID:
> <
> BY5PR14MB34778F81F816A1171E38E0F6D6F30 at BY5PR14MB3477.namprd14.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> Reminder - register now for the annual WSBA Probate and Trust CLE this
> Friday!
>
> This seminar will be held via webcast on December 4th. Tune in from the
> comfort of your home or office for sessions that focus on practical
> guidance for Washington estate planning and estate administration
> practitioners. Topics this year include: fiduciary reporting requirements
> to beneficiaries, an overview of Washington's new Guardianship statute,
> tips for practicing in the trusts and estate area during Covid, a look at
> ERISA and the Washington Slayer's Statute, uses for life insurance, and
> practitioner self-care.
>
> On behalf of the entire WSBA Real Property Probate and Trust Section and
> the CLE Co-Chairs, we hope to see you on December 4th.
>
> Here are the fast facts about "2020 Annual Fall Probate and Trust CLE."
> Date: December 4th, 2020
> Time: 8:00 a.m. webcast lobby opens, 8:25 a.m. to 3:30 p.m.
> Location: Webinar
> CLE Credits: 5.75 CLE credits (4.75 Law & Legal Procedure & 1.0 Ethics)
> Register now!
>
>
> Anna M. Cashman
> [khbb]
> Tel (206) 382-4414 ext. 234 / Fax (206) 382-4412 / acashman at khbblaw.com
> <mailto:acashman at khbblaw.com>
> 705 Second Avenue / Suite 800 / Seattle, WA 98104 / www.khbblaw.com<
> https://url.emailprotection.link/?bZn_n1FBCmPOos3ZcYltY1b-UpXymYek9P-fVPO8HotzmQsl-uemmWyJtKuxiZA9O1iC3ckOjtFlhfN0c1kaPMg~~
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>
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> ------------------------------
>
> Message: 4
> Date: Wed, 2 Dec 2020 18:05:33 +0000
> From: Candace Wilkerson <cwilkerson at wongfleming.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>,
> "jeff at bellanddavispllc.com" <jeff at bellanddavispllc.com>
> Subject: Re: [WSBAPT] Personal Representative Charges a Percent of the
> Estate as Personal Representative Fee
> Message-ID: <a84f695e00004b7eb210dc1de53aa4a9 at wongfleming.com>
> Content-Type: text/plain; charset="us-ascii"
>
> 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 <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Kerry Richards
> Sent: Tuesday, December 1, 2020 2:03 PM
> To: 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
>
> 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 01D6C892.9DC126B0]
> The Law Offices of Michael W. Bugni & Associates, PLLC
> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
> EMAIL: krichards at lawgate.net<mailto:krichards at lawgate.net>
> TEL: 206-365-5500
> WEB: www.lawgate.net<
> https://url.emailprotection.link/?b_H47N2f3fq3wGk755ipTgVCdOwOHNlAsXh7aC6Mgwk4T0-pJ7lmFqCDUqnssKmeUDUJa9VzIxQk0IsRNXRljUQ~~
> >
>
>
>
> 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
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
> www.bellanddavispllc.com<
> https://url.emailprotection.link/?bXYiCbS7w2EPkyBRDhGP4EuFfOQ4eM1cc4S582M7KuvgxDgACOJbOlYI2kwqwJJlW7qjj5c7YrT7jTZbyj2AJb_tTIREf09OLUpBq1oBzyhK3mfKnci8erDV3ypjFYiaM
> >
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com<mailto:
> info at bellanddavispllc.com> or call 360.683.1129
>
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>
> ------------------------------
>
> Message: 5
> Date: Wed, 2 Dec 2020 18:20:30 +0000
> From: Dalynne Singleton <dalynne at glgmail.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Personal Representative Charges a Percent of the
> Estate as Personal Representative Fee
> Message-ID:
> <
> MWHPR12MB15049FF4E8C0017DE57056BCA5F30 at MWHPR12MB1504.namprd12.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> 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
> 1002 10th Street Box 13
> PO Box 1091
> Snohomish, WA 98291
>
> 360.568.5065
> 360.329.4079
> 360.568.8092 fax
> dalynne at glgmail.com<mailto:dalynne at glgmail.com>
> Due to COVID-19, I am working remotely. As a result, I cannot accept any
> physical messenger service at this time. Please email all pleadings and
> agreed upon service documents to my email. In-person meetings are not
> possible at this time. Email is the best way to reach me until further
> notice. If you would like a telephone or Zoom conference, please email my
> probate paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or my
> personal injury paralegal dara at glgmail.com<mailto:dara at glgmail.com> to
> set such conference.
>
> Thank you very much and stay safe!
> LICENSED IN WASHINGTON AND OREGON
> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
> accompanying it) may contain confidential information, including
> information protected by attorney-client privilege. The information is
> intended only for the use of the intended recipient(s). Delivery of this
> message to anyone other than the intended recipient(s) is not intended to
> waive any privilege or otherwise detract from the confidentiality of the
> message. If you are not the intended recipient, or if this message has
> been addressed to you in error, do not read, disclose, reproduce,
> distribute, disseminate or otherwise use this transmission, rather, please
> promptly notify the sender by reply e-mail, and then destroy all copies of
> the message and its attachments, if any.
> [cid:image002.png at 01D6C883.FDB225B0] [cid:image003.png at 01D6C883.FDB225B0]
> [Rated by Super Lawyers] <
> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>
> [cid:image005.png at 01D6C883.FDB225B0]
>
> 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
> [cid:image006.png at 01D6C883.FDB225B0]
> The Law Offices of Michael W. Bugni & Associates, PLLC
> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
> EMAIL: krichards at lawgate.net<mailto:krichards at lawgate.net>
> TEL: 206-365-5500
> WEB: www.lawgate.net<
> https://url.emailprotection.link/?b_H47N2f3fq3wGk755ipTgVCdOwOHNlAsXh7aC6Mgwk4T0-pJ7lmFqCDUqnssKmeUDUJa9VzIxQk0IsRNXRljUQ~~
> >
>
>
>
> 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
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
> www.bellanddavispllc.com<
> https://url.emailprotection.link/?bXYiCbS7w2EPkyBRDhGP4EuFfOQ4eM1cc4S582M7KuvgxDgACOJbOlYI2kwqwJJlW7qjj5c7YrT7jTZbyj2AJb_tTIREf09OLUpBq1oBzyhK3mfKnci8erDV3ypjFYiaM
> >
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com<mailto:
> info at bellanddavispllc.com> or call 360.683.1129
>
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>
> ------------------------------
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
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> _______________________________________________
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> End of WSBAPT Digest, Vol 75, Issue 4
> *************************************
>
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