[WSBAPT] PR creditor's claim

Fri Mar 10 09:31:08 PST 2017

I also used to bring petitions to approve a PR’s claim against the estate as a petition incidental to the probate itself, it worked very nicely.

However, I don’t think that works anymore, since RCW 11.96A.090 was amended to require that all TEDRA proceedings to be commenced as a new action.  The interplay of RCW 11.40.140 referencing 11.96A.080 that leads to 11.96A.090, now appears to require that the petition to approve a PR’s claim must be filed as a separate TEDRA action, that may be consolidated with the probate.

It may end up boiling down to a similar result as the decision In re Estate of Berry, where the court found that a suit on a rejected creditor claim must be commenced as an ordinary civil action and may not be brought under TEDRA, but also found that this was only a procedural mistake and not a fatal error that warranted dismissal.  It seems somewhat analogous.  Perhaps filing the petition to approve a PR’s claim within the probate may likewise be considered merely a procedural mistake.

Warm Regards,

Tara M. Roberts

Puget Sound Law pllc

152 3rd Ave S Ste 107

Edmonds, WA 98020

Phone 206-285-3361

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.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   <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070> 11.40.070 and petition the court for allowance or rejection. The petition must be filed under RCW   <http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.080> 11.96A.080. This section applies whether or not the personal representative is acting under nonintervention powers.

Deborah Jameson
Neil & Neil, P.S.
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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

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3909 California Avenue SW

Seattle, WA 98116-3705                         

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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.

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

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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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