[WSBAPT] Conflict of interest question

[Roger Hawkes]

Geneesa: sage advice from most long time lawyers is: if you must ask the question, then don't do it.
I am old enough to be sage, but also a risk taker by nature.  So the answer depends on  your personality methinks; in either case document how careful you are to not give advice to non clients.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Wednesday, September 13, 2023 6:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Conflict of interest question

Based on your facts, I do not think you are formally disallowed to proceed. All of these situations are intensely fact specific and depend a lot on personality and communication.

And as a practical matter, it seems you're safe if it is correct that

(1) nephew was the only beneficiary of aunt's estate (or at least all beneficiaries are on board), and

(2) the heirs at law in intestacy of nephew's estate are unbothered by your client very kindly managing all of this with you as her lawyer.

If you communicate in writing with the affected parties and make clear you are not their lawyer and each is welcome to consult his or her own lawyer - perhaps by email with a friendly "please reply to confirm you received this" if everyone is getting along as it seems - then you have a nice little "get out of jail free [or at least less painfully]" card if someone decides to get angry later on.

Then you act largely like a robot, do a lot of paperwork and procedural stuff to make the pieces land where they should on the board, and do not suddenly improperly disfavor beneficiaries of either estate if your client surprises you and suddenly wants to ("No. Your role as creditor gives you the right to petition for Letters of Administration. But it does not give you the right to just do whatever you want. If you do so, I'm withdrawing, maybe noisily."). . . and soon it should all be wrapped up nicely.

Good work, counselor! ;) Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.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 Genissa Richardson <genissa at truenorthlegalservices.com<mailto:genissa at truenorthlegalservices.com>>
Sent: Tuesday, September 12, 2023 3:24:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Conflict of interest question

Listmates,

Conflicts question:

Aunt passed away and left real property to Nephew. Nephew began probating Aunt's estate, but did not transfer the title of RP to himself yet. Then Nephew passed away (intestate).

PNC is a friend of Nephew, who paid off the mortgage on the property to the tune of over 100k. Has bank records to prove it - transferred money directly to the bank. Plan was for Nephew and Friend to take title to the property together.

Friend seeks representation in her capacity as a creditor of Nephew's estate. She is talking to friends and family to try to determine who will be the new PR of Aunt's estate and who will be PR of Nephew's estate.

My thoughts are that a) it would be a lot more concise and easier to have one attorney handle both probates and represent her as creditor, but b) best practices and ethics rules dictate that I not do that.

Can I represent Friend in her capacity as a creditor and represent the PR of either of the estates? I'm thinking instead that two additional attorneys are necessary - one for each PR/estate?

Can Friend take over as PR of one or both estates? Again, it would be the easiest route, but I'm not sure it's a good idea, due to size of creditor claim.

We do not anticipate any conflicts or litigation, etc., but obviously I can't know for certain at this juncture and it sounds like a bad idea for me to represent everyone here.

Thoughts?
Genissa Richardson, Attorney at Law
True North Legal Services, PLLC
301 Prospect St., Bellingham, WA 98225
PO Box 934, Bellingham, WA 98227 (mailing address)
Phone (360) 639-3393
U.S. Coast Guard Veteran

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