[WSBAPT] Nonintervention PR not keeping beneficiaries informed

Fri Mar 14 15:15:13 PDT 2025

Personal representatives are specifically excluded from the notice requirements for nonroutine transactions:

(8) The requirements of this section, and any similar requirements imposed by prior case law, shall not apply to personal representatives or to those trusts excluded from the definition of express trusts under RCW 11.98.009<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.009>.

Amy Lewis, Attorney
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, March 14, 2025 3:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Nonintervention PR not keeping beneficiaries informed

But your Honor, this is a probate where the PR is liquidating or distributing ALL of the Decedent's assets.  Therefore, the sale of any property, even constituting 100% of the estate is in the normal course of business and routine for a PR.  Isn't it the very definition of a probate to settle the affairs of the Decedent so the world can move on?

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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 Nick Pleasants
Sent: Friday, March 14, 2025 2:51 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

There is an argument that a PR has the same duty as a trustee to inform the beneficiaries of a significant nonroutine transaction.
RCW 11.68.090(1)(f) imposes on a PR with nonintervention powers: "The powers, privileges, and limitations of liability of a trustee under chapters 11.98, 11.100, and 11.102 RCW and under the principles of equity with regard to the assets of the estate, both real and personal;"
RCW 11.100.040 imposes the notice requirement on trustees for sale of real estate making up 25% or more of the trust. So the revised RCW 11.68.090 that includes the cross-reference to Ch. 11.100 RCW would seem to impose this requirement on PR's even with nonintervention powers.
So, if the subject Farm in this case is more than 25% of the estate, you could argue that triggers a notice requirement. However, I have not litigated this issue since Ch. 11.68 RCW was amended in 2021 to add the cross-reference to Ch. 11.100 RCW. The phrase "powers, privileges, and limitations of liability of a trustee" is a bit vague as to whether it imposes a duty to notify.
If I represent a concerned beneficiary, then I would politely inform the PR's attorney when I send my Request for Special Notice of the way that I read the statute and that we would like advance notice of the proposed terms of sale on the real estate. I usually get cooperation ("You catch more flies with honey than vinegar"). I also try to offer it to the beneficiaries when I represent the PR, essentially that I will share the Purchase & Sale Agreement with them before mutual acceptance, if practical, or immediately after mutual acceptance and before closing. I think that is reasonable to share this information.
It is quite common to give the notice of significant nonroutine transaction in the context of a Trust Administration. I wish this was more common in a probate context.
I also would argue that even though the PR is not required to follow the procedures of Ch. 11.56 RCW, the requirement in RCW 11.56.090 to sell for at least 90% of appraised value still is persuasive as to what is good faith conduct of a PR. So if the issue is with the sale price, you could make that argument that PR is breaching their duty of good faith.
You could also argue for more information sharing based on RCW 11.98.072: "A trustee must keep all qualified beneficiaries of a trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests." Again, it depends on your reading of the "powers, privileges, and limitations of liability" in the cross-reference.
I suppose someone who drafted the "Rathbone fix" to Ch. 11.68 RCW could correct me if I am overreaching...
Best,
Nick

Nicholas Pleasants | Shareholder

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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 Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
Sent: Thursday, March 13, 2025 4:09 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

I agree-No legal obligation except for annual reports under the statute (not with NPs, but beneficiary can request annual report of affairs even then), duty to provide inventory upon request, duty to follow request for special notice procedure, and duty to provide final accounting if a beneficiary objects to closure.

But man, it causes so many problems to just stick with bare minimum duties of communication....

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<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

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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