[WSBAPT] statute of limitations questions

[Diane J. Kiepe]

Following.


Diane J. Kiepe
Douglas Eden, P.S.
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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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Friday, September 1, 2023 10:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] statute of limitations questions

Listmates, PR was appointed about a year ago for estate of a relative who died 15 mos. ago. On request of CPA to amend decedent's personal tax return, we obtained some bank records just this month which appear to document financial abuse by one of the heirs (several checks payable to the heir for CASH, one that is over $10k). Assume the decedent was aware of this and did nothing and fits w/in WA definition of vulnerable adult. Does the 3 year SOL for conversion, financial exploitation of the decedent, and breach of fiduciary duty start when the funds were taken w/decedent's presumed knowledge? when the PR was appointed? when the PR discovered this? Also, does the PR have a legal duty to use estate funds to pursue action against the bad actor heir? Any input appreciated - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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