[WSBAPT] Authority of Co-Personal Representatives
Doug Schafer
schafer at pobox.com
Thu Jul 25 13:58:03 PDT 2024
Extract from Bus. Fin. Corp. v. Knoll, No. 73407-5-I (Wash. App. May 23, 2016)
Co-personal representatives of a
nonintervention estate are subject to the same
laws as co-trustees. RCW 11.68.095. One cotrustee
alone may not encumber trust property
unless the other co-trustee consents or delegates
his power. RCW 11.98.070; Cornett et al. v. West,
102 Wash. 254, 261, 173 P.44 (1918).
On 7/25/2024 13:46, Mark Anderson wrote:
>
> Dear All:
>
> Decedent died intestate. Son and Daughter are appointed as
> Co-Administrators of the Decedent's Estate. Unbeknownst to Daughter, Son
> receives a (predatory) postcard offering to buy the Decedent's house
> (ugh). Without consulting Daughter, Son signs a "Real Estate Purchase
> Agreement – Escrow Instructions." Daughter finds out after the fact and
> is upset that she was not even consulted about this. (There are other
> issues involving the enforceability of the document that Son signed, but
> that is not the subject of this particular post.)
>
> The Order appointing Co-Administrators is silent as to the authority for
> either Co-Administrator to independently bind the Estate. Is there a
> statute or case law that speaks to this?
>
> Thanks.
>
> *Mark B. Anderson
> *ANDERSON LAW FIRM PLLC
> 821 Dock St Ste 209 PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com <mailto:marka at mbaesq.com>
> www.mbaesq.com <http://www.mbaesq.com/>**
>
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