[WSBAPT] Small Estate Affidavit

[Paul Neumiller]

Thanks Sara.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Wednesday, June 21, 2017 2:08 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Small Estate Affidavit

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

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Sara D. Longley, J.D., LL.M.
Attorney at Law

1734 NW Market Street
Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
Sara at longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://www.longley-law.pro/>

This email is intended only for the individual to whom it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure.  If you have received this message in error, please inform the sender by telephone or reply email and delete this message and all attachments.  Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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