[WSBAPT] Nonintervention PR not keeping beneficiaries informed

Fri Mar 14 10:45:32 PDT 2025

I have been in those shoes and it's frustrating to get silence when a little disclosure could go a long way toward easing distrust and suspicion.

And I agree that the argument could be made that basic fiduciary duties sometimes include a duty to inform, especially if in the specific circumstances, the failure to timely provide information actually jeopardized the beneficiary's interest in some way. But the "jeopardy to beneficiary's interest" is almost sure to arise from an actual fiduciary breach, meaning it would be independently actionable regardless of whether or when the beneficiary is informed about it. Receiving information has, I think, more to do with determining when a statute of limitation accrues.

I don't think a PR has a duty to inform analogous to a Trustee's under RCW 11.98.072<https://app.leg.wa.gov/RCW/default.aspx?cite=11.98&full=true#11.98.072>. Even the fiduciary duties under RCW 11.104B.050<https://app.leg.wa.gov/RCW/default.aspx?cite=11.104B&full=true#11.104B.050> don't talk about providing information, and other statutes go out of their way to make clear that the fiduciary does not have a duty to inform as to certain elections or adjustments during a trust administration. See, e.g., RCW 11.104B.060(4)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.104B&full=true#11.104B.060>, RCW 11.104B.070(2)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.104B&full=true#11.104B.070>, RCW 11.104B.110(5)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.104B&full=true#11.104B.110>.

Having also frequently represented PRs who are dealing with cranky beneficiaries who want to yank the steering wheel away from the driver, or demand copious amounts of useless and irrelevant information, I'm somewhat relieved that it's as difficult as it is to find a statutory duty to inform beneficiaries.

Just to be clear! I'm not involved in the case Marcus is dealing with. I am sure all of Marcus's clients are reasonable! :-)

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus Fry
Sent: Thursday, March 13, 2025 5:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Nonintervention PR not keeping beneficiaries informed

A personal representative owes the following fiduciary duties (RCW 11.104B.050 as well as common law):

  1.  Duty of good faith;
  2.  Duty of care- utilize the skill, judgment and diligence with would be employed by an ordinarily cautious and prudent person in the management of her own business affairs;
  3.  Duty of Loyalty;
  4.  Duty to administer an estate impartially towards all beneficiaries unless Will instructs otherwise.

Just to be clear, I represent a beneficiary who has requested information (both by filing special request for proceedings and directly via counsel) regarding the status of the sale of the property and other transactions and the PR has responded with silence or disclosure after the transaction is completed.  I believe this violates one or more of the above duties, imposed on even a nonintervention PR.

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 Paul Neumiller
Sent: Thursday, March 13, 2025 3:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Nonintervention PR not keeping beneficiaries informed

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I don't mean to be contrary but where is the legal requirement or legal citation that a PR must keep the heirs reasonably informed?  I only know of the request for a Special Notice, the right to receive the inventory, and the right to request an accounting at the end.  I guess you can try to remove the PR for malfeasance but I doubt failure to adequately communicate rises to the level of malfeasance.  Before I get flamed here, I know that a PR should use full disclosure via the heirs as the standard to avoid problems BUT I'm asking about the legal obligation to so.

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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 James R Ihnot
Sent: Thursday, March 13, 2025 9:47 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Nonintervention PR not keeping beneficiaries informed

I have a similar situation and I filed a Request for Special Notice of Proceedings with a list of items requesting notice for the mentioned issues. That was included in the Request.
I think that gives you a stronger  basis for the motion. My experience is once they do this, they rarely like to comply.

Jim

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Tuesday, March 11, 2025 4:52 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Nonintervention PR not keeping beneficiaries informed

Anyone have recent motion practice filings addressing a personal representative who believes because he has nonintervention powers, he does not have to keep the estate's beneficiaries reasonably informed about the status of the estate despite requests for information.  For example, not disclosing to the beneficiaries that an offer was accepted on the estate's farm property and of the closing date?

Interested in hearing how judges/commissioners are addressing this attitude that nonintervention authority means one can ignore requests for information.

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