[WSBAPT] Honesty with PR

[Sarah J. Dion]

Hi Brent-

These situations are difficult. I always ground my communication to my PRs in the reason they hired me in the first place, which is to advise them how to protect themselves and carry out their duties properly. I have been lucky in that my most difficult PR was a case with a great PGAL, who did a lot of the demanding, so I could play nice (mostly).

I’d tell this person, in writing, that I was becoming concerned and that he needs to have documentation to protect himself. And I’d ask him to forward it to me for the file.

If he doesn’t, then I don’t see how you can do your job—I’d politely suggest he seek alternate counsel and withdraw rather than be in a position where I couldn’t be forthright with the court.

Sarah Jael Dion
PRINCIPAL
skellenger bender
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com |<mailto:sdion at skellengerbender.com%20%7C>www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
Pronouns:  she/her
NOTICE:  This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential.  This communication is intended solely for the use of the individual(s) named above.  If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited.  In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication.  If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, March 23, 2021 12:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Honesty with PR


________________________________
CAUTION: This email was sent from an external sender.
________________________________

Hello Brent,

Isn’t that the pits.  I have to be honest, if it were me, I would be leaning towards trusting my gut.  If it is truly that he won’t obtain and provide statements to support the inventory you don’t want to be involved with that.  This differs from lacking support from an asset or two.

Before stepping away however, I would write a letter indicating that if statements in support of the inventory are not provided in X days (short period), you will note a Withdraw with the court and be required to notify heirs and creditors.  Then you will have to decide if you will write your time off to date that hasn’t been paid for or take other action.

I wish I would have followed my gut on more then one occasion – learn my errors 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Brent Williams-Ruth
Sent: Tuesday, March 23, 2021 11:53 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Honesty with PR

Greetings Brain Trust

I have an estate where I believe that the PR is no longer being truthful with me or the other beneficiaries regarding the assets of the Decedent.  They have refused to create any accounting with actual statements/reports from third parties and instead only is creating an excel spreadsheet that they have populated.

This is a first for me and I am not certain as to how to proceed.
Confrontation? Withdrawal? Let him sign declarations/affidavits and not worry about inconsistencies from months back?

Appreciate any thoughts and guidance.

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210323/c8fbe99c/attachment.html>