[WSBAPT] TEDRA Petition

[Elena Garella]

Oh this TEDRA- it was supposed to simplify things and it has led to more
procedural traps . . .  Belt and suspenders are in order for a last moment
filing.  Perhaps best to file a separate TEDRA action for an accounting and
also file an objection in the probate case to closure, advising the court
that a TEDRA has been filed under cause no. //// ....

On Thu, Feb 12, 2015 at 10:52 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

>  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
>
> 206 367 5000
>
> Fax is 206 367 4005
>
>
>
> *From:* Jenna Brozik [mailto:jennaprinzlaw at gmail.com
> <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
>
>
>
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-- 
Elena Luisa Garella
Law Offices
K.R. Trigger Building, Suite 208
3201 First Avenue South
Seattle, WA 98134
phone: (206) 675-0675
fax:  (206) 922 5679
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