[WSBAPT] probate expenses directly related to one heir

[Eric Nelsen]

Phil, for what it's worth, after the first time you mentioned Greider I went down the rabbit hole to try to find other authority, including consulting my ancient and musty Am.Jur.2d volumes. I never found anything good, or at least good enough for me to want to save and remember 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 Philip N. Jones
Sent: Thursday, May 26, 2022 2:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] probate expenses directly related to one heir

I had not thought of this issue in the context of a need for a GAL.  I guess this issue pops up in various ways, depending on each case and the nature of each attorney's practice.
The situation I was thinking of was a litigious beneficiary who was causing the estate to incur high attorney fees, and the other beneficiaries did not want to share those expenses.  I don't blame them.
Another situation is a difficult asset, for example an run-down house that is being specifically devised to one beneficiary, and the other beneficiaries don't want to share any of the expenses.  That situation might be easy to resolve by distributing the house as soon as possible.
But these other situations are more difficult to resolve.
Which makes me want to go back and revise my will forms to allow the PR to make these adjustments, if the PR feels they are appropriate.  No one likes to receive phone calls from angry beneficiaries demanding an adjustment if there is no legal authority on point.
Which brings me back to my original question.  Does anyone have any authority on point?
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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, May 26, 2022 1:44 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

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
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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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