[WSBAPT] claim for fees and costs

[Eric Nelsen]

No-definitely do not record any lien against real estate! That is never allowed for attorney fees, and can result in liability for slander of title. Ross v. Scannell, 97 Wn.2d 598, 602-603, 607-608, 647 P.2d 1004 (1982).

But you likely do you have some recourse under the attorney lien statutes, which are unfortunately needlessly complex and confusing due to some statutory amendments that moved sections around and made interpretive case law harder to follow. Attached is a memo I did to try to get my head straight on this issue. See section 1(d), which gives you an automatic lien on "an action." I haven't found any case law holding that a probate administration qualifies as an "action," but my thought is that the statute would be construed to include probate matters, if only because attorney fees are costs of administration that by law have priority over all over obligations in a probate. RCW 11.76.110<https://app.leg.wa.gov/RCW/default.aspx?cite=11.76.110> preamble.

Though it's not technically required to assert the lien, I think it would be permissible to file a Notice of Administrative Attorney Fees Owing in the probate administration. If the PR has fair notice of the fees owed and distributes without paying, I think that would give your firm a cause of action against the PR personally, and potentially a right to chase distributed assets and impose liability on the recipient or a constructive trust on the traceable proceeds.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Wednesday, March 16, 2022 11:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] claim for fees and costs

Listmates, Is it appropriate to record a claim for probate fees and costs advanced where I have to withdraw as attorney for the PR and estate consists only of real property that is pending sale? Shannon

[cid:image001.png at 01D83932.70742EC0]

Shannon R. Jones | Attorney
Campbell Barnett PLLC
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>


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