[WSBAPT] PR creditor's claim

Fri Mar 10 11:23:25 PST 2017

I have a similar situation and I am asking the beneficiary to sign a TEDRA Agreement approving the claim that we can file in the probate using the $20 filing provision. I am uncertain if I then will have to present an Order in ExParte approving the claim.

If the beneficiaries are not in agreement with the PR’s claim, I agree that it has to be brought as a separate action and the PR would have to pay the separate costs of the filing, perhaps tacking that cost onto the claim if it is approved.
Jane Bitz.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eden Rubenstein Toner
Sent: Friday, March 10, 2017 10:31 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR creditor's claim

Thanks, everyone, for a great discussion.  Very illuminating!
Eden
Eden Rubenstein Toner
Attorney at Law
1600-B SW Dash Point Road, #163
Federal Way, WA 98023
phone 206-953-4485
attorneytoner at earthlink.net<mailto:attorneytoner at earthlink.net>

My email is not encrypted.  If you have sensitive information to transmit, please contact me before sending.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tara M. Roberts
Sent: Friday, March 10, 2017 9:31 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] PR creditor's claim

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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of deborah at neillaw.com<mailto:deborah at neillaw.com>
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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
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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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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.

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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 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

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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
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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
     IMPORTANT: This e-mail message (and any attachments accompanying it) is intended to be confidential, only for the use of the intended recipient(s). If you are not the intended recipient, or if this message has been addressed to you in error, please notify me by reply e-mail, and then destroy all copies of the message and its attachments, if any. Your cooperation is greatly appreciated.  My email is not encrypted;  if you have sensitive information to transmit, please contact me before sending.

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