[WSBAPT] Question On Joint Personal Representatives

[Jennifer L White]

I have on occasion represented Co-PR's, and in my office agreement I explicitly state that I will withdraw if there is an irreconcilable difference between them. I also state that there is no confidentiality between either one of them and me.
I have just finished one of these representations and it was very painful and difficult on me, but I believe it was the "right" thing for the case. The Co-PR's were the parents of their adult son who was tragically killed in a crash. He was the only child for one of them. He was young, single, had no children and died intestate. He had a really good job and had accumulated some assets/employment death benefits. The parents had never married and were not together very long in the first place. There was the potential for a wrongful death lawsuit. They had some unresolved animosity towards one another, but were in agreement enough to at least try to present a united front to the outside world (happy family for the WD case). It is a good thing that I am a reformed domestic relations lawyer because at times I spent more time mediating their interpersonal difficulties than actual law work. We were close a couple of times to everyone going their separate ways with me withdrawn and each of them having new separate counsel. BUT, calmer heads prevailed. We worked through each of the issues and chopped through the required tasks. Having represented one or the other party in similar other litigious cases, I know they each would have spent exponentially more money in fees having their own attorney and fighting over everything and in the end not come away with anything more. It was difficult, but they got through the process with the most of their inheritance possible given the circumstances. Would I want a bunch of those cases at the same time? Absolutely not, but the occasional one, OK.

Jennifer L. White, Esq.
[cid:image002.jpg at 01D93571.0D9E8750]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Tuesday, January 31, 2023 11:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question On Joint Personal Representatives

Down here in Oregon, some judges do not like to appoint co-PRs, but they often make an exception if the will so nominates.  All the judges see all day long are bad probates, often with co-PRs quarreling.  The good cases never make it past the probate court staff.  So the judges become very sensitive to co-PRs.  And when co-PRs quarrel, oftentimes the judge will appoint a neutral professional PR to make the problem go away.  So both PRs end up getting fired.
And then there is the question of whether you should represent one or both.  If you represent both, and they quarrel, what do you do?  Resign from both?  Probably.
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 Joshua Grant
Sent: Tuesday, January 31, 2023 11:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question On Joint Personal Representatives

You can do it, but it does complicate matters.  The banks can be hard to deal with. Sometimes they require both PR's to sign each check. And of course both PR's have to sign everything in the probate.  I tell people that I can't estimate the probate fee with 2 PR's because it can vary greatly.. so why don't one of you sign a declination to act as PR.?

Joshua F. Grant
[cid:image003.png at 01D93571.0D9E8750]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>

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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