[WSBAPT] Fees/costs incurred by daughter before another sibling came forward with a Will at the last minute

Tue Jun 21 14:56:02 PDT 2022

And the follow up question – do you bill for your time preparing the motion/order and support for fees?  I had a bit of a disagreement on this point with other counsel…..curious of thoughts.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, June 21, 2022 2:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Fees/costs incurred by daughter before another sibling came forward with a Will at the last minute

I agree with Joshua.
I am preparing a motion for fees/costs as administrative expenses when one of the children (there were 4) withheld a Will until a lot of the work was done by another daughter who had no idea there was a Will.
I am asking the court for fees/costs incurred by the daughter prior to the Will being filed and PR appointed.  I’d love to see any briefing or motions/orders which were filed, and the court allowed costs/fees to someone other than the newly appointed PR.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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dalynne at glgmail.com<mailto:dalynne 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 Joshua McKarcher
Sent: Friday, June 17, 2022 3:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] handling expenses incurred by nominated PR who died before appointment

Chandra,

In my book, all (valid, reasonable) post-death administrative expenses are expenses of the estate, reimbursable to whoever paid them (by effectively loaning the estate the funds). Non-lavish funeral expenses, legal fees you describe, and any other fee or cost ordinary for an estate to incur is an administrative expense. I don’t personally think it matter who was the PR or even IF there was a PR at the time it was incurred. If it was reasonable and necessary to preserve the estate or achieve the appointment of a PR nominated by the decedent’s will or trust, it’s administrative and payable from estate funds to whoever can prove they paid it.

The analysis I run through my brain is this (as with most things in probate/trust land): If I’m standing in front of a judge three days, months, or years from now on a petition complaining about the administrative expenses paid (or whatever issue), can I (1) justify each expense as being necessary or of benefit to the estate, or so de minimis as to be plainly unworthy of professional fees to “run it to the ground” as for other expenses, etc., and (2) connect the dots with sufficiently descriptive documents, e.g., invoices (including contemporaneously handwritten notations on receipts if that’s all we’ve got), check images, credit card receipts, etc.?

In this thought process, I ask myself, “Am I going to put my name on the line to justify this expense?” I will happily question a fiduciary client to ensure they are “satisfying me” before telling them “Yes, you bet, that seems reasonable to pay from the estate.” Because that’s what I’m going to be saying to the judge in my scenario above.

I hope that helps! Have a good weekend! 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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Chandra Lewnau
Sent: Thursday, June 16, 2022 4:11 PM
To: WSBA Probate & Trust Discussion List <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] handling expenses incurred by nominated PR who died before appointment

I have a probate where it took quite a while to have a PR appointed because the first two corporate nominees were slow to waive the right to serve. Meanwhile, the #3 nominee, who was also Decedent's agent and trustee of a trust he set up, went ahead and paid for his funeral expenses and some legal fees in trying to get nominated PR 1 and 2 to waive. This person then fell ill and died before being appointed. Her daughter agreed to serve as PR and was appointed by the court. I have 2 questions:

Can I just treat the expenses of the #3 nominee/informal PR who was never formally appointed the same as any other expenses of administration? That is, can the actual PR just pay them from estate funds?

No probate was opened for the informal PR. The daughter/PR is both her only heir and the successor trustee of her living trust. Can daughter just pay herself, or do I need to do something more to establish that she is paying the proceeds to the person entitled to them?
Thanks in advance.
--
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Chandra M. Lewnau  |  Attorney
WALL GROUP LAW
51 W. Dayton St., Suite 305  |  Edmonds, WA 98020
Tel 425.670.1560  |  Fax 425.361.1512  | http://www.wallgrouplaw.com<http://www.wallgrouplaw.com/>
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