[WSBARP] Probate-Conflict of Interest ?

[Eric Nelsen]

Do the beneficiaries even need representation? The beneficiaries are not parties to the WD claim; the only plaintiff is the PR, who pursues the case for the benefit of the statutory beneficiaries.

Is the PR also a beneficiary? If the PR is also a beneficiary and a lump-sum settlement is made with defendant, then there will be a concern about how to allocate the settlement proceeds among the beneficiaries. If conflict of interest is to be waived, I think it would need to include a binding agreement among the parties that the settlement proceeds will be split in a specific agreed percentage. Otherwise you will run into a circumstance where the beneficiaries will be in conflict concerning how much of the final settlement each should get.

If the PR is not a beneficiary, then maybe there is little opportunity for conflict at all. The PR has no ability to take any of the proceeds for her/himself.

But either way, you may not want to represent the beneficiaries, because your main duty is to make sure the PR competently pursues the case. One conflict that could come up is a claim by the beneficiaries of breach of fiduciary duty by the PR.

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 Justin Monro
Sent: Monday, April 15, 2019 11:18 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] Probate-Conflict of Interest ?

Listmates:

We represent the estate and the PR in a wrongful death claim of the deceased mother. There are two beneficiaries sister and brother who have waived conflict of interest.

My question: can we legally represent the PR and the beneficiaries in the wrongful death claim.

Thank you,

Justin K. Monro
Attorney at Law
The Monro Law Firm PS Inc.
1830 Bickford Ave. Ste 204
Snohomish, WA 98290

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