[WSBAPT] Rejected creditor's claim and sue PR

Fri Oct 30 12:42:53 PDT 2015

See also RCW 11.96A.090:     (2) A judicial proceeding under this title must
be commenced as a new action.

This was a 2013 change that deleted the language allowing a TEDRA proceeding
to be brought in the probate:

(2) A judicial proceeding under this title ((may)) must be commenced as a

new action ((or as an action incidental to an existing judicial proceeding
relating

to the same trust or estate or nonprobate asset)).

Lenard L. Wittlake, PLLC

Attorney & Counselor at Law

22 E. Poplar Street, Suite 200

P.O. Box 1233

Walla Walla, WA  99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:LWLaw at my180.net> LWLaw at my180.net

 <http://www.lwattorney.com> www.lwattorney.com

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin
Lindsey III
Sent: Friday, October 30, 2015 11:56 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Rejected creditor's claim and sue PR

Nope, it's a separate cause of action from the probate with the Personal
Representative as the defendant.

See Schluneger v. Seattle First Nat'l Bank, 48 Wn.2d 188 (1956) and the
cases that cite it.

Sincerely,

G. (Gus) Benjamin Lindsey III

Attorney-at-Law

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

website:  <http://www.gbl3law.com/> www.gbl3law.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Friday, October 30, 2015 11:41 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Rejected creditor's claim and sue PR

I rejected a creditor's claim and provided the rejection to the creditor.

The statute says - must sue Administrator within 30 days.

My question is this:  Would this be a suit filed within the probate in the
form of TEDRA?  If yes, then fees/costs for defending against creditor would
be awarded to the Administrator?

I anticipate this creditor who is an attorney of the decedent's father to
claim fees incurred by the father to attempt to settle on behalf of the
deceased son.  Problem with claim is father/attorney did not open Estate of
deceased son and father was felon so not eligible to serve as
Administration.  I was hired by mother of deceased son to open probate,
appoint her as Administrator and settle wrongful death and tortfeasor
claims, which I did.  Now father's attorney wants fees for work he did
before Estate was opened - claiming 1/3 of one of the settlements with
tortfeasor's insurer.  My argument against claim is (1) he did not represent
Estate and did not have authority to make claim/settle; (2) his fees should
be paid by his client, father.  His client was not the Estate.  This
attorney has created more work in the Estate defending his claims, which the
mother has been paying my fees.

My research says he did not incur fees on behalf of the Estate so they
should not be paid by the Estate.

Dalynne Singleton

SingletonLawGD27aR04aP02ZL-Johnson4a_mdm

3215 NW Lowell Street, #161

Silverdale, WA  98383

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:dalynne at singletonlawgroup.net>
dalynne at singletonlawgroup.net

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