[WSBAPT] Small Estate Affidavit

[Sara D. Longley]

Hi Paul,

 

I don't have pleadings but I can help you with the statute enabling
attorney's fees to the claimant: 11.96A.150 allows the court to award fees
from any party and to any party in a matter adjudicated under TEDRA, which
covers "all matters concerning the estates. of deceased persons" per
11.96A.020.

 

Best of luck,

Sara

 



Sara D. Longley, J.D., LL.M.

Attorney at Law

 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at longley-law.pro> Sara at longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, June 21, 2017 1:15 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Small Estate Affidavit

 

Looking for a little help in order to avoid re-inventing the wheel for a
pro-bono client.  Decedent made a $5k loan to debtor using a demand
promissory note.  Debtor now refuses to pay off the loan to Decedent's son
who has presented debtor with a copy of the death certificate and the
appropriate Affidavit.  I need a demand letter threatening legal fees AND,
assuming the debtor continues to blow the client off, I need the pleadings
for the "proceeding" under RCW 11.62.020 ("If any person to whom an
affidavit and proof of death is delivered refuses to pay, deliver, or
transfer any personal property, it may be recovered or its payment,
delivery, transfer, or issuance compelled upon proof of their right in a
proceeding brought for the purpose by or on behalf of the persons entitled
thereto.")  Lastly, I have heard through this listserv that the claimant is
entitled to attorney fees if the debtor or person holding the personal
property refuses but I cannot find this in RCW 11.62.  Where is the
statutory authority for the award of attorney fees?  Once again, thank you
for your thoughts.

 



 

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