[WSBAPT] Fees for a Resigning PR - are these a creditor claim?

Tue Jan 11 12:02:49 PST 2022

Hi, no the PR has received two creditor claims (mortgage and a Judgement )which makes the estate ($600 k house plus $4k bank) insolvent. I advised them that they could inform the court and ask for the bank account of $4000 to pay they out of pocket expenses and fees and also to sell the house and put the proceeds into an account to pay the expenses and any claims ; but they thought it was a losing cause and they want out and to just resign.   Can they without liability for not doing more and can they just file a claim for admin fees, expenses? Or, can they take the bank account for admin expenses?
What do you think?
Mike

[cid:22c70c1a-b25e-4979-aa82-b392be56dc07]

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Dalynne Singleton <dalynne at glgmail.com>
Sent: Tuesday, January 11, 2022 10:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Fees for a Resigning PR - are these a creditor claim?

No the creditor claims are for pre-death debts.

You can make a motion and receive an order from the court on the expenses to be paid according to RCW 11.76.110?  Of course, the argument that they are necessary and reasonable should be made.

Was there an insolvency hearing?

RCW 11.76.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.110>

Order of payment of debts.

After payment of costs of administration the debts of the estate shall be paid in the following order:

(1) Funeral expenses in such amount as the court shall order.

(2) Expenses of the last sickness, in such amount as the court shall order.

(3) Wages due for labor performed within sixty days immediately preceding the death of decedent.

(4) Debts having preference by the laws of the United States.

(5) Taxes, or any debts or dues owing to the state.

(6) Judgments rendered against the deceased in his or her lifetime which are liens upon real estate on which executions might have been issued at the time of his or her death, and debts secured by mortgages in the order of their priority.

(7) All other demands against the estate.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.1717  fax

dalynne at glgmail.com<mailto:dalynne at glgmail.com>

Website:  www.glglawgroup.com<http://www.glglawgroup.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Tuesday, January 11, 2022 9:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Fees for a Resigning PR - are these a creditor claim?

As the Estate is now  insolvent, the PR wants to resign. Since these are admin expenses and have priority, how does PR file claim ?  Using creditor claim format, state that they are admin expenses , fees, file and resign? Thanks,

Michael Atkins

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