[WSBAPT] PR Conflict of Interest Question

[Philip N. Jones]

I don't think it is a problem.  Fiduciaries are allowed to have conflicts of interest.  Unlike attorneys, who are not.
Yes, this would be an act of self-dealing.  But it appears that the listing agreement is already in place, well before being appointed as PR.
Out of an abundance of caution, you might consider getting the beneficiaries to consent (after the probate is opened).
But even better:  put a paragraph in the will authorizing the transaction and authorizing the additional fee.
Phil Jones

Philip N. Jones |Duffy Kekel LLP
900 S.W. Fifth Ave., Suite 2500, Portland OR 97204
(503) 226-1371 (main) ) | (503) 226-3574 (fax)
(503) 853-1482 (cell)
pjones at duffykekel.com<mailto:pjones at duffykekel.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Friday, March 22, 2024 1:21 PM
To: wsbapt at lists.wsbarppt.com; wsbarp at lists.wsbarppt.com
Subject: [WSBAPT] PR Conflict of Interest Question

Hi, Listmates.
I have to discuss the topic of preparing a will with a person who I am helping on a separate matter. Not normally my area, so my advice is going to be somewhat general. The person is elderly, and might be entering hospice soon so everything is now fraught (I advised them to think about this some time ago...but they put it off).
One issue is going to be who they would have act as their PR-and they likely don't have a lot of candidates as there are few family members. One candidate I can think of is a real estate agent the person knows and trusts who is helping them sell their house, which would also be the bulk of any estate. The real estate agent would be getting their commission from the sale of the house. If they agreed to take on duties as PR, does this in some way pose a conflict of interest or a problem for probate?
Thanks in advance.


Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>


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