[WSBAPT] PRs/TTEEs hiring own children as estate employees

[Marsha Hudson]

Please respond to the list.



Marsha

*Marsha C. Hudson*
(She/her/hers)

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marsha at griffyn.us

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Joshua McKarcher
*Sent:* Monday, November 6, 2023 4:03 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] PRs/TTEEs hiring own children as estate employees



Elderly co-PRs and co-trustees of a joint probate hired their own
underemployed children – who were already beneficiaries, with the co-PRs,
of 50% of the estate – to administer a single home, two cars, a couple bank
accounts, and the usual tangible personal property (in non-metropolis
Clarkston, mind you).



Thus, that “50% of the estate” has charged a *$200,000 net* estate *over
$15,800* in time and mileage for 4 people to clean the house, shop, run
around town, etc. (This is *additional* to the $12,000 in reimbursed
expenses the PRs advanced, and $8,000 in legal fees and costs.)



Fun facts:



   - Over $8,000 of the fees are of the son and daughter, not the two
   PRs/trustees.



   - All 4 charged $20/hour for all services.



   - All hours on all 4 timesheets are in *whole numbers*, as is all
   mileage. (Along with mileage are charges for gas fill-ups. Woohoo!)



   - 2 hours for each bank visit, often by both PRs.



   - 10+ days of the daughter charging 8 hours flat with narrative:
   “cleaning.”



   - The two kids’ “timesheets” were constructed recently, by reference to
   calendars and texts, as they didn’t realize they needed to have kept
   contemporaneous time records. The co-PRs’ at least were apparently kept
   contemporaneously, even if generously (by virtue of the rounding).



I have never encountered this. I do not object to fiduciary or lawyer fees;
it’s not my norm at all. But this feels “off.”



If you have any experience with addressing such apparent nepotism and
potential double dipping – or, even if you have a point of view about its
reasonableness or how on earth one might determine what IS reasonable in
such a case – I’d be grateful for your two cents.



I’d even sleep better to be told this is perfectly normal and that
co-fiduciaries with non-intervention powers can hire anyone they want,
etc., and no Washington caselaw is going to say otherwise.



Thanks, Josh



Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com

www.mckarcherlaw.com
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