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

[Bruce Moen]

Sarah,

Your unpaid fees are a cost of administration.  RCW 11.76.110.

The estate cannot be closed until paid or resolved.

In your situation, I have filed a short petition advising the court that I am now out and asking the court (with notice to all parties) to approve the unpaid fees.  That eliminates a dispute later as to the reasonableness of your fee.
Then I file a Request for Special Notice to prevent a dishonest PR from abruptly closing the administration without paying.

Regarding the filing of a lien, I have done that and have seen others do it.  The last time, I defended against the enforcement of the lien and it led to no fewer than four contested hearings over a six month period with special settings before an assigned judge. So be careful of what you wish for.  Mike Caryl, now retired, had a niche practice on fee litigation and published several excellent articles on the filing and enforcement of attorney liens.  Many nuances.  I suggest that you read him if you file.

  -Bruce Moen

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)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<http://www.kawlawyers.com>



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