[WSBAPT] TEDRA Petition

Thu Feb 12 10:27:40 PST 2015

You can file a petition for accounting and inventory, but might give the attorney a quick call to find out how cooperative they might be in providing information without the expense and hassle of getting accounting/fees/inventory approved by the Court.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
Sent: Thursday, February 12, 2015 9:52 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] TEDRA Petition

Thanks for all your comments.  She did get a 30 day notice to close the probate.  I don't have time to negotiate with the estate attorney.  The probate is set to close tomorrow. She just came in my office yesterday.  I just want to stop it from closing so should I file the TEDRA petition or can I just file a petition for accounting and inventory to stop the closing of the probate?

Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

On Thu, Feb 12, 2015 at 9:39 AM, Jeanne Dawes <jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>> wrote:
You can request an accounting and an inventory.   Court approved accountings can be expensive.  First I would contact the attorney for the estate to see if they will provide an informal accounting.  You can ask for bank statements and the like if you require back up proof of deposits and expenditures.  If your client does not waive the Notice of Filing a Declaration of Completion of Probate, she will have 30 days to object to the closing of the estate after the Declaration is filed.  If the estate is not yet closed, I would start by talking with the attorney to see what they can provide to satisfy your client that she has received her full distributive share.  If there is a question as to what is separate and community property, you may have to use a TEDRA petition to have the court make the final determination.  If the assets are all one or the other, that should not be an issue. 11.04 is pretty cut and dry.  Formula approach.  Unless there has been a petition for family allowance, or issue of community vs. separate property it should be easy to trace the assets to determine the net estate and how it is to be distributed.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
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From: wsbapt-owner at lists.wsbarppt.com<mailto:wsbapt-owner at lists.wsbarppt.com> [mailto:wsbapt-owner at lists.wsbarppt.com<mailto:wsbapt-owner at lists.wsbarppt.com>] On Behalf Of Jenna Brozik
Sent: Thursday, February 12, 2015 9:16 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] TEDRA Petition

Hello list mates,

I have a client who is an heir to her grandmother's estate.  The grandmother did not have a will.  The attorney for the estate is about to close the probate.  My client believes she is entitled to more than what the personal representative has allotted to her.  She did not accept the check sent to her by the personal representative which was what the estate decided was her share of her grandmother's estate.  It is too late to contact the estate attorney to try to negotiate or request more information.

I plan to file a TEDRA petition to stop the closing of the probate.  Do I also need to set it for a hearing?  Any suggestions as to the proper way to proceed would be greatly appreciated.

Thanks,
Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908<tel:%28509%29338-0908> / (509) 338-3527<tel:%28509%29%20338-3527> (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

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