[WSBAPT] Authority of Co-Personal Representatives

[Mark Anderson]

Obviously, they did not.  They entered the Decedent's name as the "Seller" in the "Real Estate Purchase Agreement - Escrow Instructions."  And then the Son signed it, without any further annotation as to the authority under which he was acting.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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From: Candace Wilkerson <candace at seattlelitigation.com>
Sent: Thursday, July 25, 2024 2:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Mark Anderson <marka at mbaesq.com>
Subject: Re: [WSBAPT] Authority of Co-Personal Representatives

Doesn't seem that the buyer would have been reasonable in thinking one Co-Administrator had authority to execute the PSA for the estate.  Didn't they see the Letters of Administration?

Best,
Candace Wilkerson

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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 Doug Schafer <schafer at pobox.com<mailto:schafer at pobox.com>>
Sent: Thursday, July 25, 2024 4:58:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>>
Subject: Re: [WSBAPT] Authority of Co-Personal Representatives

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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/>

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.





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