[WSBARP] dispute between co-PRs

[Marcus Fry]

Melinda:
I think you have a dispute between co-PRs because if an heir is also a PR and is expressing a concern about a distribution then he is also is expressing that concern as a PR.  

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S. 


-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Wednesday, January 06, 2016 11:41 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] dispute between co-PRs

Opened a probate last year with co-PRs who are also the only two heirs.  I received a call from one co-PR expressing concern about the proposed distribution to the two.  The call was clearly a concern of an heir, and I explained to him that I only represent them in their capacity as co-PRs, that if there was a dispute between the PRs I may have to withdraw, and that he should speak with a separate attorney regarding his concerns as an heir.  He asked me to send him another copy of the Will to take to his new attorney regarding his distribution.

Questions:  

When I send the copy of the Will to him as an heir, I want to include a brief cover letter reiterating the matter of PR vs heir representation.  Do I have a duty to/am I allowed to cc the letter to the co-PR?  This feels like if I don't cc the co-PR there is some secrecy going on, but if I do, then I would be violating confidentiality of an heir.

Do I need to just withdraw at this stage since I have spoken with an heir who may be fighting the estate?

Thanks.

Melinda Grout

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