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

Wed Jan 12 09:11:30 PST 2022

Thanks Bruce - much appreciated - M

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Bruce Moen <brm at moenlaw.com>
Sent: Tuesday, January 11, 2022 6:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Fees for a Resigning PR - are these a creditor claim?

They cannot “just resign” and walk away.  When they filed an Oath to qualify as PR, they submitted themselves to in personam jurisdiction of the court notwithstanding that probate jurisdiction is in rem. Because of the in personam jurisdiction, they remain with potential personal liability.

Whether it is a “losing cause” is not their decision.  It is the court’s decision.

Dalynne is correct. Tell the court in a petition supported by evidence, have the court shut down the administration, and ask for a discharge of your client.

If your client blows off your advice and abandons the administration, draft a CYA letter.  Your motivation for the CYA letter is based  upon  Trask v Butler.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Tuesday, January 11, 2022 12:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Fees for a Resigning PR - are these a creditor claim?

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

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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 Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Sent: Tuesday, January 11, 2022 10:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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/>

As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a Zoom or telephone conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

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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 michael westseattleattorney.com
Sent: Tuesday, January 11, 2022 9:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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