[WSBAPT] probate expenses directly related to one heir

[Eric Nelsen]

I would argue that appointment of a PGAL is a statutorily mandated administrative expense and equity does not justify burdening the minor with the entire cost. I think I would be pretty firm about that with the client, and advise that the PR should take that position. I would think that a judge would agree, if the disgruntled heir tried to make a case out of it.

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 Jeff at bellanddavispllc.com
Sent: Thursday, May 26, 2022 1:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] probate expenses directly related to one heir

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>
www.bellanddavispllc.com<http://www.bellanddavispllc.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 Philip N. Jones
Sent: Thursday, May 26, 2022 12:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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 App. 2d 1073, 2021 WL 961132 (2021; unpublished), where the court held that the trustee had not acted unreasonably in allocating expenses to the beneficiary who had caused those expenses to be incurred.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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