Commissioner Eric B. Watness (Ret.) an experienced neutral, has successfully resolved many disputes involving trust, estates, will contests, guardianships and family matters. He spent 16 years as a Court Commissioner with the King County Superior Court in their Ex Parte and Probate Department conducting numerous settlement conferences, and 13 years as a practicing attorney handling probate, adult guardianships, family law and adoption matters.
Commissioner Watness effectively applies his experience from the bench and private practice to alternative dispute resolution, allowing him to swiftly get to the heart of a case and address the most important issues in order to help the parties reach a fair and efficient conclusion. His professionalism and calm demeanor garner respect from his clients.
Commissioner Watness is a frequent presenter and author for attorney continuing education programs pertaining to ADR and court commissioner duties in the civil, probate, guardianship, trust, adoption and juvenile court practice areas. He often addresses attorney and fiduciary fees, which is of interest because a recent prolific increase in probate and trust litigation has revolved around issues of fees.
For more on what makes Commissioner Watness an excellent choice as a neutral, read what counsel say.
- Beneficiary disputes:
- Settled matter involving multi-million dollar life insurance policy that had claims by both current and former spouses of deceased Mediated dispute between decedent’s mother and short-term wife of decedent regarding a home and an equity claim
- Mediated matter involving two wills of a husband and wife with two pairs of children from prior marriages
- Handled case that involved complicated issues of establishing funding to return money to the estate and resulting distribution to other heirs
- As a Special Master for Trust, probate and LLC/partnerships: Conducted an investigation and issued reports to the court as a Special Master into alleged mismanagement of interrelated family real estate partnerships, LLCs and trusts holding a marina (dissolved through receivership) and two apartment complexes managed by one sibling who was also appointed as a personal representative in probate estate
- Mediated a dispute between four siblings over their parents' estate, involving claims that one of the siblings, who was the former PR, had stolen from the estate. Mediated a dispute between a PR and his sibling as well as a financial manager, about transactions made between the estate and the sibling
- Handled many cases involving petitions to remove PRs or trustees for failure to provide routine accounting or for questionable handling of funds and breach of fiduciary duties
- Successfully settled guardianship matter involving 83 year-old mother and two children involving financial and health decisions
- Adjudicated a contested guardianship petition filed by Adult Protective Services where the husband was found incapacitated; the incapacitated person and his wife had encumbered their home by way of a private loan but were unable to account for the proceeds leading to a Vulnerable Adult petition against the private party who lent the money
- Decided requests to remove life support when next of kin was unavailable or unwilling to make decision; ordered medical procedure when ward refused to consent and the ethics board at the hospital strongly recommended the procedure be conducted
Irrevocable family trust:
- Handled all aspects of a complicated probate matter involving a decedent who died unexpectedly, leaving an intestate estate, a significant other with undetermined interests, a series of incomplete financial transactions, several casinos operating at a loss, unpaid taxes and a significant amount of personal property and real estate holdings
- Oversaw the liquidation of real estate, adjudication of familial interests, the sale of a casino by auction and the resolution of competing family interests and tax issues
- Heard matter where daughter sought to be appointed as successor trustee; the father, who created the trust, was acting as trustee and questions were raised about his capacity to act as such; father then executed a conditional resignation dependent on the acceptance of nominated trustees to be appointed but both nominees declined
- Handled matters including meretricious relationship wherein the decedent left real estate to long term girlfriend as a life estate and decedent’s children challenged; and estate where couple placed real estate in a marital trust but did not provide for ongoing maintenance and taxes; after husband’s death, estate became cash poor and trustee was unable to maintain the property
- Ordered the removal of a trustee in a significant trust proceeding involving real estate and business holdings
- Oversaw the appointment of a receiver in lieu of a successor trustee because the proposed successor trustee was unwilling to assume potential liability for creditor claims and IRS taxes. Reviewed all actions and fees of the receiver and potential claims of creditors and beneficiaries
Validity of will:
- Decided many matters claiming undue influence relating to creation of wills, actions under power of attorney and life-time gifting
- Admitted handwritten will into probate based on the law of a foreign jurisdiction allowing holographic wills