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ESTATE OF TREADWELL EX REL. NEIL v. WRIGHT

No. 50274-3-I.

61 P.3d 1214 (2003)

The ESTATE OF Katherine M. TREADWELL, by Gerald W. NEIL, Administrator With Will Annexed, Appellant, v. Kathleen M.S. WRIGHT and "John Doe" Wright, individually and as wife and husband and the marital community composed thereof, Respondents. The Estate of Katherine M. Treadwell, by Gerald W. Neil, Administrator With Will Annexed, Plaintiff, v. Bank of America, sucessor in interest to SeaFirst Bank, a financial institution doing business in the State of Washington, Defendant.

Court of Appeals of Washington, Division 1.

January 27, 2003.

Attorney(s) appearing for the Case

Robert B. Nettleton, Tacoma, WA, for Appellant.

Scott M. Barbara, Seattle, WA, for Respondent.

APPELWICK, J.

A guardian depleted the accounts of an incapacitated ward. The ward's estate sued the attorney hired by the ward's guardian to establish a guardianship for breach of duty. The alleged breach of duty was the attorney's failure to fully comply with the statutes requiring that prior to the inception of the guardianship a bond or bond agreements blocking access to unbonded funds absent a court order be in place. The attorney argued that she had no duty to...

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