[WSBAPT] Pre-Court Appointment PR Fees

Mon Oct 18 15:30:36 PDT 2021

For what it's worth (not much, I realize), I cannot imagine how proper administrative duties (e.g., not attending the funeral, not moving PR's share of the personal property out of the house to PR's house) taken by the person nominated in the decedent's will as PR could not be compensable.

Who else on the planet is empowered to act for the decedent after the moment of death until formal appointment? Statutes compel that person to be given and then to file the original will. Is that for free?

It would be passing strange to me if the nominated-and-eventually-appointed PR were not eligible for the pre-appointment time that is properly administrative in nature. Indeed, I would have a PR claim the time, pay it, disclose it (if in context such detail is requested) and then expect someone should object if they wish to.

I had a case recently in which we had to do significant pre-petition work to even identify all the heirs. How is that not properly compensable?

So if someone out there gets law from some court denying reasonable compensation for properly administrative pre-appointment activities, I'd sure be grateful if they posted.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, October 18, 2021 1:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Pre-Court Appointment PR Fees

Many thanks to all who respond to my post, on- and off-line.  I will ask the court to accept the person's time after the date of death but prior to court appointment based on the argument that the actions were consistent with the person's ultimate duties as a PR and the person's actions benefitted the estate.  It'll be up to the court to decide if that is "just and reasonable" under RCW 11.48.210.

[cid:image001.jpg at 01D7C435.18E09080]

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 Mark Vohr
Sent: Friday, October 15, 2021 3:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Pre-Court Appointment PR Fees

A quick and easy way to categorize what is a creditor claim over what is an administration expense is that the creditor claim process is required to collect any debt of a decedent if the decedent were alive at the time of the creation of the debt and would be responsible for paying the debt during lifetime.

Regards,

Mark

Ohana Fiduciary Corp.

A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
155 NE 100th St., Suite 209 Seattle, WA  98125
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ohanafc.com%2F&data=04%7C01%7C%7Cc9e63435736344b3282a08d9902fbebf%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637699357022260786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=igJVLnDie86RhuteM0uTxQMz8eHSzZQNIbT5H5rwGZo%3D&reserved=0>

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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 Paul Neumiller
Sent: Friday, October 15, 2021 2:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Pre-Court Appointment PR Fees

Listees.  Happy Friday.  After spending some time on FastCase, I have not found my answer and pursuing past listserv posts.  So RCW 11.48.210 says a PR "shall be allowed such compensation for his or her services as the court shall deem just and reasonable."

So when does the "compensation" begin?  My client travelled to town to see dying parent and then had to make funeral arrangements, etc. and make initial arrangements to clean decedent's property up.  All this was done prior to client's visit to me and client's ultimate appointment as PR.  Is any of this time compensated for?  How about client's time meeting with me but prior to the date the judge signs the order and the clerk prepares the Letters?

[Paul A_ Neumiller2]
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