[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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