[WSBARP] Attorney Lien in Probate - wrongful?

[J Richard McEntee, Jr.]

Listmates —

I am currently representing a personal representative in a probate proceeding. One of the heirs was engaged in litigation related to a non-probate asset (joint account with right of survivorship). The litigation resulted in a large attorney bill for the heir. The heir has not paid the bill and is unhappy with his attorney. The attorney has now filed a lien, in the probate proceeding, against the heir's share of the probate estate. In reading the statute it seems fairly clear that the lien does not fall into one of the lienable categories for attorneys. 

I have spoken with the attorney and his is unwilling withdraw his lien. I am wondering what might be my next steps in this situation. I am not eager to spend more of the estate’s assets in a legal battle to remove the lien. Would attorneys fees be properly awarded in such a situation? Is there another option that would allow payment into the court registry? 

Thank you for any advice.

Rich


RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com       

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