[WSBAPT] TEDRA Petition

Fri Feb 13 08:48:18 PST 2015

Thanks everyone for your comments.  Update....I filed a petition and
requested an order of accounting under RCW 11.68.110 (2).  In the petition,
I  objected to the closing of probate.  This discussion was very helpful.

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

On Thu, Feb 12, 2015 at 1:17 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

>  I see what you're saying. I've read that language in RCW 11.68.110 many
> times but my eye skips over it because it's in the form of notice, rather
> than as an actual substantive provision. I do recall thinking about it in
> the past and finding it weird to have such specific directives in the form
> of notice, yet not have an operative provision that tells the PR it's
> her/his duty to actually complete an accounting and set a hearing.
>
>
>
> It's tough to reconcile these pre-TEDRA references to a "petition" with
> the current implications of "petition" under the special judicial
> proceedings. But I agree with your interpretation; it's the way it was done
> before, and hopefully isn't challengeable now.
>
>
>
> 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 12:33 PM
>
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] TEDRA Petition
>
>
>
> *Here's the relevant part of 11.68.100:*
>
>
>    CAPTION
>
> OF
>
> CASE
>
> NOTICE OF FILING OF
>
>
>
>
>
> DECLARATION OF COMPLETION
>
>
>
> OF PROBATE
>
>      NOTICE IS GIVEN that the attached Declaration of Completion of
> Probate was filed by the undersigned in the above-entitled court on the . .
> . . day of . . . . . . , 19. . . ; unless you shall file a petition in the
> above-entitled court requesting the court to approve the reasonableness of
> the fees, or for an accounting, or both, and serve a copy thereof upon the
> personal representative or the personal representative's lawyer, within
> thirty days after the date of the filing, the amount of fees paid or to be
> paid will be deemed reasonable, the acts of the personal representative
> will be deemed approved, the personal representative will be automatically
> discharged without further order of the court, and the Declaration of
> Completion of Probate will be final and deemed the equivalent of a Decree
> of Distribution entered under chapter 11.76
> <http://apps.leg.wa.gov/RCW/default.aspx?cite=11.76> RCW.
>
>      If you file and serve a petition within the period specified, the
> undersigned will request the court to fix a time and place for the hearing
> of your petition, and you will be notified of the time and place thereof,
> by mail, or personal service, not less than ten days before the hearing on
> the petition.
>
>      Dated this . . . . day of . . . . . . , 19. . .
>
>
>
> . . . . . . . . . . . .
>
>
>
> Personal Representative
>
>
> *Consequently, you need to file the Petition & serve the PR's attorney
> within the 30-day period.  This is not TEDRA notice (ie, on all interested
> parties), & remember that service by mail adds 3 days, so if you're in the
> last days of the 30-day period, you'll likely need personal service on the
> atty.  Lastly:*
>
>    - *Remember that the notice period begins on the date of filing the
>    Decl. of Completion, not when the notice was mailed or when your client
>    received it.  I've won MSJs on that issue alone.*
>    - *You do not need to set a hearing on your Petition --- that will be
>    done by the PR's atty.*
>
>
>
>
>  On 2/12/2015 10:29 AM, Eric Nelsen wrote:
>
> I think you file a petition for accounting under RCW 11.68.110(2), but I
> think the petition needs to comply with TEDRA procedures so it amounts to
> the same thing. If you want additional relief beyond an accounting, I think
> it can all go in the same petition. So long as you demand an accounting,
> that triggers 11.68.110(2) and halts closure of the probate.
>
>
>
> 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
> <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
>
>
>
>
>
> On Thu, Feb 12, 2015 at 9:39 AM, Jeanne Dawes <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
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500
>
> Fax:      509-326-7503
>
> jjdawes at goregrewe.com
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.
>
>
>
> *From:* 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 / (509) 338-3527 (fax)
>
> jennaprinzlaw at gmail.com
>
>
>
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