[WSBAPT] TEDRA Petition
Richard Wills
richardwills at washington-probate.com
Thu Feb 12 12:48:05 PST 2015
*Eric --- I've been involved in numbers of these (& in several
counties), some as objector representing an interested heir/Bf & some
representing the PR. In all cases in my experience, all it took was a
simple Petition (not a whole lot more than "I object to the closing,
want an accounting, & want the Court to set fees") filed with the Court
in the probate matter requesting the Court to order the PR to make &
file a verified accounting & for the Court to set fees, & the only
notice was a copy of the Petition to the PR's attorney, both within the
30-day period. Maybe the rules have changed, but the foregoing has been
my experience.*
*Again, in my experience, this is not a Petition for Accounting in the
usual sense, for example, one filed during the course of administration
under 11.76. This is a Petition for Accounting filed upon receiving a
Notice of Filing of the Decl of Completion, expressly provided by &
governed under 11.68.**110.*
*
**Maybe others have different experience???*
On 2/12/2015 10:52 AM, Eric Nelsen 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 <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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