[WSBAPT] Question On Joint Personal Representatives

[Diane J. Kiepe]

I would just add that I have started moving towards mandatory accounting to certain classes of folks, under certain circumstances, especially in smaller families or where Co-Prs or Co-Agents are requested.  I think this serves multiple purposes.  First, the fiduciary should start off keeping good records from the beginning, it provides transparency, which generally is a good thing, the cases I see where this an abuse of fiduciary powers, it's often the fact that a legal claim exists but not a practical  one (financial harm is already done and generally the cost/benefit analysis doesn't make it worth pursuing) and it allows dialogue before there are potentially substantial misunderstandings.

I haven't gotten my accounting language where I like it yet but I keep working on it - if anyone else has adopted this practice and would like to share that, I'd be grateful.

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

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stuart Scarff
Sent: Tuesday, January 31, 2023 9:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com
Subject: Re: [WSBAPT] Question On Joint Personal Representatives

Dave,

Letters Testamentary can be issued to Co-Personal Representatives, but for reasons unbeknownst to me, many banks and a few credit unions are rejecting Co-Personal Representatives and stating they will only recognize one Personal Representative. Major pain. To avoid this headache, I am encouraging clients to name a single Personal Representative with alternate PRs.

Stuart Scarff, Esq.
3035 Island Crest Way, Suite 201
Mercer Island, WA  98040
206.236.1500
206.905.5912 (fax)
www.scarfflaw.com<http://www.scarfflaw.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 Dave Culbertson
Sent: Tuesday, January 31, 2023 9:09 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBAPT] Question On Joint Personal Representatives

Hello, Probate Listmates.

A quick question on pros and cons. A client wants to have two relatives act as joint Personal Representatives in her Will. I'm not sure that is possible to give letters testamentary to two people, but if it is my instinct is that it would be better to have one be the personal representative and the other be a successor PR. Any arguments for and against?

Thanks in advance.


Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>



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