[WSBAPT] Attorney withdraws from representing PR, can attorney then file/assert claim in estate for PR's unpaid fees?

Fri Feb 19 07:29:14 PST 2021

You can file an attorney lien in the probate cause for your fees/costs.
You should not record your lien against real property.
The attorney lien will need to be addressed before the estate can be closed.

Review the attorney lien statutes carefully.  I went through this review recently and they are anything but clear.
If you want to email me privately, I can share some more information and what I accomplished in a few probates over the years.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Friday, February 19, 2021 6:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Attorney withdraws from representing PR, can attorney then file/assert claim in estate for PR's unpaid fees?

Brain trust:
If attorney withdraws from representing PR of a probate estate and there is an outstanding bill incurred by the PR - is there a method somewhere in RCW 11 that would authorize attorney to request payment of balance of unpaid fees? These were fees incurred by the PR, not the decedent.  This wouldn't be a claim against the decedent, so the creditor's claim procedures don't seem to apply.

Thanks all!

Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
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