[WSBAPT] pr as creditor

[Bryce Dille]

It is always been our practice and that of every other attorney I know that when the personal representative has an independent creditors claim against the estate that doesn't arise out of any sort of administration of the estate then he/she needs separate counsel to proceed with the personal representatives claim unless you can get a waiver signed by all of the heirs or  unless the personal representative is also the sole residuary beneficiary and the payment of the creditors claim wouldn't affect any other heirs

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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[R_Alan_Swanson-WH-200]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Monday, May 12, 2025 10:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] pr as creditor

I posted about this last week asking the same question and got one response. The responder advised to get separate counsel, with the logic that when you represent the PR you are representing the Estate and the PR’s responsibilities to the estate beneficiaries.  You have a conflict if you represent a beneficiary or a creditor. I have not seen any ethics opinions or case law on this after a search of both.

On Mon, May 12, 2025 at 10:18 AM Dewey Weddle <dwweddle at msn.com<mailto:dwweddle at msn.com>> wrote:
Oh wise ones,

Wondering if anyone has ever represented a PR who wishes to present a creditor claim against the estate.  RCW 11.40.140 appears to resolve any potential conflict of interest by requiring a TEDRA proceeding per 11.96A.  Does anyone think that the PR needs separate counsel to proceed with the PR’s claim?


Best regards to all,



Dewey



Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221



Telephone: 360-293-3600

Fax 360-293-3700




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Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
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