[WSBARP] Recalcitrant Attorney in Fact

[Eric Nelsen]

Not sure if you received any responses--the answer used to be under Ch. 11.94 RCW, now repealed and replaced by Ch. 11.125 RCW, the Uniform Power of Attorney Act. See  RCW 11.125.160(2)(b)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.160>. I don't know if this has been tested yet, but I would assume that the PR, as legal representative of the decedent principal, has the same standing as the principal to file the petition under RCW 11.125.160(1)(a).

I haven't had to file under the new RCW 11.125 yet, but on first impression it appears to me that the TEDRA petition procedures generally do not need to be followed, except as to "notice requirements." RCW 11.125.160(3). I think that just means, give 20 days' notice of hearing by mail to all the people potentially interested in the estate or the property at issue. RCW 11.96A.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.110>; RCW 11.96A.030(5)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.030>.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Monday, February 19, 2018 4:23 PM
To: wsbarp at lists.wsbarppt.com
Cc: mindy at bellanddavispllc.com
Subject: [WSBARP] Recalcitrant Attorney in Fact

List mates:

I represent the personal representative who is the decedent's niece.  The personal representative's sister was a longtime acting attorney-in-fact (now Agent).  It is believed the sister turned most, if not all, of the decedent's accounts into joint.  She refuses to provide any accounting.  How do I force the sister to respond?  It seems this issue came up in the not so distant past, and there were quite a few responses.  Your help would be appreciated.

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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