[WSBAPT] Honesty with PR

[Philip N. Jones]

In my opinion, an attorney for a PR does not have fiduciary duties to the beneficiaries.  The PR is the person with fiduciary duties to the beneficiaries.  The attorney represents only the PR, and none of the beneficiaries.  But the attorney has a duty to advise the PR on how the PR should act in order to minimize any possibility of the PR incurring liability to the beneficiaries for breaching the PR’s fiduciary duties.  Down here in Oregon, the Oregon Supreme Court has ruled that an attorney may assist a fiduciary in carrying out an act that breaches the fiduciary’s duties, but the attorney might incur liability if the attorney helps the fiduciary to commit fraud.  Reynolds v. Schrock, 341 OR 338 (2006).  See also Fuentes v. Tillett, 263 Or. App. 9, 326 P.3d 1263 (2014) and Cruze v. Hudler, 246 Or. App. 649 (2011).  Of course, the problem is that there is a fine line between a breach of fiduciary duty and a fraud, so caution is needed.  Resignation might be the best answer.
If anyone has any other case law on this question, please share.  The answer might vary from state to state.
Phil Jones
Portland, OR

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stephen Brandli
Sent: Tuesday, March 23, 2021 2:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Honesty with PR

In addition to all of the other useful comments, I recall caselaw that holds that an attorney has an attenuated (my word) fiduciary duty to the beneficiaries.

                Steve

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

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