[WSBAPT] Family Allowance 11.54 and TEDRA

[Jen Doehne]

Hi gang,
I represented a child from a prior marriage. The surviving spouse (not my client's mother) filed for the basic spousal award, which I responded to and requested a portion of (due to the client's status as a child from a prior marriage). The judge granted a partial to the surviving spouse and partial to my client. Looking back on the case numbers, it doesn't appear that the spouse filed a separate TEDRA action and I don't recall the judge questioning that (this was in Clallam County). And I would agree that the heirs require notice.

Hope this helps!
Jen

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jordan C. Urness
Sent: Thursday, July 12, 2018 3:23 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Family Allowance 11.54 and TEDRA

Mr. Haroldson,


1.       Yes, file as a separate TEDRA action.

2.       Not sure.

3.       All "parties interested in the proceeding" must be served. RCW 11.96A.100(3). See RCW 11.96A.030(5) for "party interested in the proceeding." Subsection 5(d) includes "an heir" within the definition of a "party." In short, I think heirs require notice. I don't think the will contest period changes that in any way.

4.       I don't, but I think just recently someone shared such pleadings on the listserv.

Good luck!

Jordan Urness

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Peter D. Haroldson
Sent: Thursday, July 12, 2018 2:29 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Family Allowance 11.54 and TEDRA

Dear Listmates:

I am considering filing a petition for family allowance in King County on behalf of petitioner/surviving spouse, who is the sole beneficiary of a small testate estate subject to creditor's claims.  I have a question on procedure which is murky under LCRs and Title 11.


  1.  RCW 11.54 appears to require a full TEDRA petition (not just TEDRA notice) therefore the family allowance must be filed as a separate proceeding, correct?
  2.  Would it also be titled "Estate of John Doe, deceased", the same as the probate?
  3.  Do heirs require notice if will contest period has passed?
  4.  Does anyone have pleadings for family allowance they would mind sharing?

Thank you!

Peter D. Haroldson
Torres & Haroldson, PLLC
PO BOX 530
Maple Valley, WA 98038
Email: peter at torresharoldson.com<mailto:peter at torresharoldson.com>
Facebook: fb.me/torresharoldson<https://fb.me/torresharoldson>
Phone: 425.458.3170

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