[WSBAPT] Probate for Profit - REVISIONS DISCUSSION
Nick Pleasants
npleasants at ohswlaw.com
Thu Aug 6 15:10:45 PDT 2026
Brent,
Maybe your fix addresses this, but I would like the heirs to be able to waive bond. The language they added to RCW 11.28.185 requires bond when a "Type (3)" person is serving as PR. If your fix is that friends and neighbors will not be considered Type (3) when the family so designated, then I guess this solves the bond issue. But I am concerned about this language that judge "shall" impose a bond, removing judicial discretion to waive bond for Type (3) cases. Just delete that sentence "In all cases where a personal representative is appointed under RCW 11.28.120<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.120>(3) and is not an entity described under RCW 11.36.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.36.010> (2) or (3), bond shall be required in an amount commensurate with the major probate assets identified under RCW 11.28.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.110>(1)(d)." The sentence that follows it already requires a bond unless waived, so it was overboard for them to add that language in the first place. And "major probate assets" is not defined in the code. I really wish they would repeal the whole bill, but see what you can do!
/rant
Nicholas Pleasants | Shareholder
[OseranHahnAttyatLaw 8]
11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>
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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Diane Kiepe <diane at kiepelaw.com>
Sent: Thursday, August 6, 2026 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate for Profit - REVISIONS DISCUSSION
Great plan. I am not sure how to formulate my question at the moment. My sanctions hearing is tomorrow.
Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com<mailto:diane at kiepelaw.com>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA 99206
509-808-2087
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On Thu, Aug 6, 2026 at 10:20 AM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
I am meeting with the AGO tomorrow to ask for their support.
If you have a specific ask and proposed "fix" - if you want it included in the conversation please send it to me today.
In case you wondering why I am going back to the AGO. It is because they wrote this bill. It was passed because of the weight of the AGO behind it. Any attempt to change it without getting the AGO to at least agree NOT to interfere with those efforts would mean that it would likely die without even a hearing. My goal is to say - will you a) help me and support these changes, or b) if you won't help, will you at least not stand in my way and let the legislature know that you don't oppose these changes.
Thank you!
Brent
Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law
Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
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On Thu, Aug 6, 2026 at 9:13 AM Diane Kiepe <diane at kiepelaw.com<mailto:diane at kiepelaw.com>> wrote:
Brent,
I want to share my current story that would be an even worse horror story then it is - is there a fast approaching deadline?
Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com<mailto:diane at kiepelaw.com>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA 99206
509-808-2087
Confidentiality Notice: This page and any accompanying documents contain information that is confidential, privileged, or exempt from disclosure under applicable law and is intended for the exclusive use of the addressee. This information is private and protected by law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the contents of this information in any manner is strictly prohibited.
On Wed, Aug 5, 2026 at 1:53 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
Greetings List Mates -
As an individual member of the WSBA who has history working on the probate for probate bill, I am meeting with those involved from the AGO to talk about obtaining their support for some "revisions" "modifications" "tweeks" "amendments" - FIXES to the newly passed law.
I want to hear from you and your experiences. Here is my existing list:
1) I want to bring back consent and waiver for the listed family members. Why is it that it is ok for a surviving spouse to consent to the service of someone but all the children cannot get together and agree to let the son's wife who just did this process for her family and knows all the steps.....why should she have to be a Sub 3 with full intervention?
2) Can we amended 11.36.010(3) - to specifically indicate that an attorney within one of those types of entities can also serve with NIP/No Bond
3) Amending 11.36.010 to include professional guardianship companies. The argument is that they are already bonded and licensed. Just because they may not be appointed through the 11.28.120(2) process doesn't mean they shouldn't be allowed to qualify for NIP.
I plan to share many of the stories that have already come my way, but if you have a specific ask for a revision - send it to me by the start of business on the 7th (this friday) as I will be having my zoom.
To be fully transparent, I am basically advising that I have sponsors that will put this through but I would like the AGO to support these under the guise of.....they broke it, they should support the effort to fix it and make it as best as possible while still maintaining the integrity of what they wanted to accomplish.
If you have not heard me speak on this topic - this is a delicate dance. There are some issues where the AGO was intractable in their demand for what the legislation should say. My hope is that these specific fixes and the explanation as to WHY - will win the day and have their support.
Thank you!
Brent
Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law
Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003
Mailing Address: PO BOX 3319; Federal Way, WA 98063
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