[WSBAPT] TEDRA Petition

[Eric Nelsen]

Richard--Some counties will allow a petition for accounting that doesn't comply with TEDRA? I don't doubt it, but I do notice that requesting an accounting from the PR is a "matter" subject to TEDRA, per RCW 11.96A.030(2)(c)(iv)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.96A&full=true#11.96A.030>. I would be worried about filing a petition for accounting that didn't comply with TEDRA. I agree with you that it should be allowed, but TEDRA is the legislative monster that swallowed all prior probate practice, as near as I can tell.

Another interesting conundrum: RCW 11.68.110(2) specifies that the objector must "petition the court for an order" which sounds an awful lot like invoking the court's jurisdiction in the probate itself--meaning I think that the petition should be filed under the probate cause number. But of course all TEDRA petitions must be filed as a separate action, per RCW 11.96A.090. So which one?

The case Marcus Fry recalled--Estate of Harder--makes the point that an objection to closure must effectively invoke the court's jurisdiction over the non-intervention probate. The holding there is simply that a Notice of Mediation under TEDRA does not invoke the court's jurisdiction, and a petition is necessary. Of course that doesn't resolve whether the petition can be filed in the probate case, or has to be filed separately under TEDRA.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040






From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Thursday, February 12, 2015 10:07 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] TEDRA Petition

She should have received a Notice of Filing of Decl of Completion, giving her 30 days to file a request with the Court to review fees & order an accounting.  It seems to me that all that your client may need is an accounting, showing an initial inventory of assets, an accounting of income & expense, & a list of resulting assets on hand for distribution.  If so, simply filing a request for the Court to review fees & order an accounting & mailing a copy of it to the PR's attorney might suffice --- a lot simpler (& less expensive) than a TEDRA Petition (assuming you're still within the 30-day period).

The attorney may have simply sent a Decl of Completion, the check, & a Receipt & Waiver for your client to sign & return.  If so, I'd return the check & ask for fee statements & an accounting.

On 2/12/2015 9:18 AM, Roger Hawkes wrote:
Yes; schedule a hearing.

And there should have been a thirty day notice of intent to close; is that expired?

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Jenna Brozik [mailto:jennaprinzlaw at gmail.com]
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 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>


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