[WSBAPT] Honesty with PR

[Tom Westbrook]

Phil,



Always enjoy your posts for a voice of reason and well thought out advice.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



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www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Philip N. Jones
*Sent:* Friday, March 26, 2021 8:41 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Honesty with PR



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

(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 <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>
*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 <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
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