[WSBAPT] Here is a new one for me. ...

Thu Sep 22 16:19:03 PDT 2022

What is an attorney’s obligation to give a copy of a will to a PR?

RCW 11.20.210 says we have to give an original will to the PR.  But what if the PR requests the will and the attorney only has a copy???

RCW 11.20.010
Duty of custodian of will—Liability.
Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
he/him/his
253 272 2400 (ofc)
253 377 385 (cell)

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ann Manley
Sent: Thursday, September 22, 2022 3:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Use of credit card to pay invoice

  *   Firms intending to surcharge must notify Visa and Mastercard 30 days in advance of beginning to surcharge
Where does this obligation come from?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Employment Matters, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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On Thu, Sep 22, 2022 at 2:46 PM Nick Pleasants <npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>> wrote:
Hi Ken,
This process known as surcharging or passing on processing fees is a bit controversial. Take a look at these blog posts from Gravity Legal on how to do it responsibly:
https://www.gravity-legal.com/financiallylegal/can-law-firms-charge-clients-for-credit-card-fees-in-washington-state
https://www.gravity-legal.com/financiallylegal/guidetofeeshifting

Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to the law firm of Oseran Hahn, P.S., which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.

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 Ken Luce
Sent: Thursday, September 22, 2022 1:27 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Use of credit card to pay invoice

Any suggestions for language to include in fee agreement that a charge will be made if paid by credit card?

Kenyon Luce
Luce & Associates, P.S.
5308 12th St E
Tacoma, WA 98424
T: (253) 922-8724
F: (253) 922-2802
www.LuceLawFirm.com<http://www.lucelawfirm.com/>  [e943ecc8-5be2-4768-a17e-1b829b908afe] <https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348>

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