[WSBAPT] PR creditor's claim

Fri Mar 10 09:17:53 PST 2017

Based on what Deborah has brought to our attention, apparently, my solution may only work when there is agreement among the parties. Of course agreement of the parties makes everything work better.

Happy Friday,

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of deborah at neillaw.com
Sent: Friday, March 10, 2017 8:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR creditor's claim

R            RCW 11.40.140
Claim of personal representative—Presentation and petition—Filing.

If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW  11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070> and petition the court for allowance or rejection. The petition must be filed under RCW  11.96A.080<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.080>. This section applies whether or not the personal representative is acting under nonintervention powers.

Deborah Jameson
Neil & Neil, P.S.
5302 Pacific Avenue
Tacoma, WA  98408
253-475-8600
253-473-5746 FAX

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On Mar 10, 2017, at 11:38 AM, Heather deVrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>> wrote:

In King County, I have brought a motion within the probate. I’m not generally talking substantial sums of money, but have not brought separate TEDRA actions to get them approved.

Of course, where possible, I get all the benes to sign off, and simply submit my petition and order ex-parte via the clerk, so not too much discussion with Commissioners on the subject.

Heather

Heather S. de Vrieze
Attorney-at-Law
<image005.jpg>
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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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: Thursday, March 09, 2017 5:17 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR creditor's claim

Island County allowed me to bring the motion in the probate court and not bring a separate TEDRA action.

<image010.jpg>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, March 9, 2017 4:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; WSBA Elder Law Section <elder-law-section at list.wsba.org<mailto:elder-law-section at list.wsba.org>>
Subject: [WSBAPT] PR creditor's claim

I am curious if you have filed a separate TEDRA action for the PR’s creditor’s claim?

In King County, I did not and it was approved.
In Kitsap, attorney for daughter of decedent has advised it should be filed as separate TEDRA action – this would mean the PR files the action and serves herself with complaint?

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eden Rubenstein Toner
Sent: Thursday, March 9, 2017 4:49 PM
To: WSBA PT list <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; WSBA Elder Law Section <elder-law-section at list.wsba.org<mailto:elder-law-section at list.wsba.org>>
Subject: [WSBAPT] Who gets notice?

Hello all.  Sorry for duplicate postings.  PR has a creditor’s claim against the Estate.  Are beneficiaries of specific bequests entitled to Notice of Petition for Approval of the PR’s creditor’s claim per RCW 11.40.140?  It seems that if their interests wouldn’t be affected, they wouldn’t need notice?  Any thoughts are appreciated.
Eden

Eden Rubenstein Toner
Attorney at Law
1600-B SW Dash Point Road, #163
Federal Way, WA 98023
phone 206-953-4485
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