[WSBARP] dispute between co-PRs

[Eric Nelsen]

Based on what you have said, I don't think it's imperative to withdraw immediately. I'm sure there are other facts you're not giving due to confidentiality etc., so anything I think should be taken with a big ol' grain of salt.

But my first thought here is, have a meeting or joint telephone conference with both co-PRs, reiterate your position as attorney for co-PRs and the lack of privilege among them, tell them jointly that you believe they need to discuss with each other the proposed distribution and make sure they agree it is proper...see if you can't guide them to discuss the issue openly. On your letter--you possibly could achieve the same result with that, though the dynamic of a live meeting might open more opportunity. I think it is better to address the letter to both of them and enclose a copy of the Will for each of them; make the letter more a general discussion of the scope of legal representation, and hint that they need to talk to each other.

I say this because the 'dispute' sounds, from your email, more like a disagreement about how to do the distribution, rather than a dispute concerning their rights as heirs. If they each are heir to an inchoate one-half of the net estate, there's no special right as an individual heir to receive a particular item. To me, that means the co-PRs need to get on the same page to meet their duties and complete distribution in a fair manner. If they can't agree on something fair, or on a mechanism on how to make it fair (such as, A distributes items into two groups and B picks which group to take), then suggest that you should withdraw, and they each get counsel and (hopefully) go to mediation to resolve it.

Again, I could be 'way off base here; it depends heavily on the personal dynamics and history between the heirs.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040




-----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

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp