[WSBARP] Withdrawal from probate - question

[Eric Nelsen]

An unavoidable consequence of the general practice of having the creditor claims come to the lawyer instead of the PR. I think that's best practice, to make sure claims are validly received and processed, but it does put the withdrawing lawyer in a bit of a predicament.

This has happened to me a couple times, and I decided the easiest thing to do was to just continue to act as the recipient for any creditor claims, and forward them to the former client if and when any come in. In my cases, though, I don't think I ever actually received a claim to forward.

But in any event, I think it works as a solution; it's not much investment of my time, and it avoids any confusion about the proper recipient of notice.

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 Melinda Grout
Sent: Monday, June 04, 2018 9:44 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Withdrawal from probate - question

PR client difficult.  I gave client the option of working it out, or discharging me.  Just received letter from client  saying “I discharge you from representing me in the Estate of XYZ.”

I am preparing Notice of Withdrawal, will file with court, mail to heirs, file Declaration of Mailing.

How to handle Creditors Notice, which was only published 6 weeks ago?  Does client have to republish, I would think.  What if he doesn’t want to - is this on me?

Any other words of advice?
Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com<http://mkgroutlaw.com>

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