[WSBARP] dispute between co-PRs
Marcus Fry
mfry at lyon-law.com
Wed Jan 6 12:14:11 PST 2016
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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