Executrix or Treat?

It is a cruel joke that some name siblings co-executors or executrix’s to administer the estate at passing. In the parents effort to be “fair” the result is often the worst that is said about the probate process is the result, that is long delay and lots of attorney fees. Siblings often change at death, and those who were cooperative and loving as the parent passed suddenly realize their ship has come in and things get nasty.

(Let me pause and comment on the lexicon; we no longer have gender in Washington, so either what were men or women acting for the estate are referred to as “personal representative”, but the name just is not as cool.

It’s like the word “moot”. Clients love this word and try to work the conversation around so they can use it. Most blow it and say instead “mute”.

If that were to happen the case would be mute? I am asked. Yes, I say, without correction but that concept leaves my mind full of imaginative sketches of what that must look like; for example lady Justice has not only a blindfold over her eyes but a gag in her mouth, her hands full of a scale and sword, so there is just no hope to gain freedom.  Now let’s get back to the topic of this post.)

On the other hand the abuse of power one sibling can have over the rest is often not a good result either. The remedy is litigation, more attorney fees, more delay. The media refers to this as “languishing in the courts” as if there were Biblical or epic proportions to how long conflict can last in courtrooms in America. Now the image is lady Justice wailing and grinding her teeth in a kind of hell.

In an effort to avoid this awful thing called “probate” people contemplating death resort to will substitutes like trusts. Frankly, my experience is the Trustee ends up in just as much trouble as the personal representative, and the beneficiaries are just as scared they are being “taken”. The administration which was designed to take a few weeks actually takes longer than a probate because the rules are not as clear.

People have been dying in this jurisdiction since it was a Territory ( no one died here before that ) and so there is plenty of law on the topic of death. Trusts on the other hand are designed to live on, the zombie version of the dead. As a relatively new way to pass property the legal ground is not as well tread. At least the term “trustee” is gender neutral, and we don’t have to wait for the legislature to emasculate the man in charge, which would otherwise happen because any reference to gender in Washington causes the citizenry to go mute.

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