[WSBAPT] Guardian/Trustee

[jcrspicatto at gmail.com]

I got burned in a similar case when I brought a guardianship petition.  What
I learned from that experience is not to file a guardianship petition, but
instead, bring a motion for instruction in the probate in which you are
appointed, lay out the facts and the problem, and leave the solution up to
the court.  Be sure to give notice of the hearing/motion to the heir living
in the house even if he hasn't file a Request for Special Notice of
Proceedings.  Hopefully, the heir will seek counsel and you'll work out a
solution together.  If not, then you've kept yourself in a "nonjudgmental"
position with respect to all of the heirs while protecting the assets of the
estate without running up attorney's fees unnecessarily.  If the court
directs you to file a guardianship action, then the reasonableness of your
actions and thus fees is not questionable.  

You can also file a Notice of Intent to Pay Fees to yourself on a monthly
basis, which gives the heirs 10 days to object to the reasonableness of your
fees, particularly if you've attached a detailed billing statement to your
Notice.  If no objection is filed, then the Notice serves as a judgment for
fees protected by res judicata, so you don't have to litigate the
reasonableness of your fees at the end of the probate.

Jenny Rydberg, JD
206-550-5491, cell



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Subject: WSBAPT Digest, Vol 64, Issue 22

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