[WSBAPT] probate expenses directly related to one heir

[Jeff at bellanddavispllc.com]

I have this question right now in an estate with three heirs, one a minor
who needs a GAL.  Do I reduce the minor's share by the cost of the GAL?  PR
thought the estate should pay the cost and thereby spread that cost around.
There could be push back by at least one heir.  Has anyone had this
experience?

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Philip N. Jones
Sent: Thursday, May 26, 2022 12:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] probate expenses directly related to one heir

 

There is no authority directly on point down here in Oregon, but in
Washington, see Greider Family Trust, 16 Wn. App. 2d 1073, 2021 WL 961132
(2021; unpublished), where the court held that the trustee had not acted
unreasonably in allocating expenses to the beneficiary who had caused those
expenses to be incurred.  But note that the opinion was not published.

Does anyone have any other authority?

Phil Jones

 

Philip N. Jones

Duffy Kekel LLP

900 S.W. Fifth Ave. Suite 2500

Portland, OR 97204

pjones at duffykekel.com <mailto:pjones at duffykekel.com> 

(503) 226-1371 - office

(503) 853-1482 - cell

(503) 226-3574 - fax

 

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 Diane J. Kiepe
Sent: Thursday, May 26, 2022 8:37 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] probate expenses directly related to one heir

 

Good Morning all,

 

I'd appreciate any feedback you can share on how you handle probate fees
that are clearly related to one heir (there is no question about it).  I
have told counsel for heir I will be reducing the heirs share by expenses
related to the extra expense our estate is incurring and I don't suspect any
pushback but it got me thinking about what I would say if I got pushback.

 

Thanks in advance and make it a great day.

 

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

 

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