[WSBAPT] probate expenses directly related to one heir

[Marsha Hudson]

Hi Jeff,



The PGAL is generally considered an administrative expense.



*Marsha C. Hudson*
(She/Her/Hers)

Attorney at Law #23330

3221 NW 62nd Street, Seattle, WA  98107

Telephone: 206-297-3933

Fax: 206-357-9356
marsha at griffyn.us

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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
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
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Fax: (360) 683.1258
email: jeff at 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(2021; unpublished), where the court held that the trustee had not acted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

(503) 226-1371 – office

(503) 853-1482 – cell

(503) 226-3574 - fax



*From:* wsbapt-bounces at lists.wsbarppt.com <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>
*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

509-455-5300
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