[WSBAPT] TEDRA question

[Jane Bitz]

My experience is that the clerk’s office sees the title of the document “Petition” citing TEDRA and they think that they have to collect a new fee. We use a “Motion” to Re-open Estates or Modify TEDRAs that have already been filed and have success with no additional filing fee being charged.
Jane Bitz.


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, March 22, 2018 11:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TEDRA question

I have been filing Petitions to Re-open estate under the original cause number without paying any fee for years.  Then once re-opened , we proceed to do whatever we need to do and then close it again?  Was I lucky?

From: Jill H. Sasser<mailto:Jill.Sasser at landerholm.com>
Sent: Thursday, March 22, 2018 10:16 AM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com> ; feil at cni.net<mailto:feil at cni.net>
Subject: Re: [WSBAPT] TEDRA question


I think your best argument is RCW 36.18.012(8):  A fee of twenty dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96A.220<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.220>, if it is filed within an existing case in the same court.


Jill H. Sasser | Attorney at Law
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805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Stewart Feil
Sent: Thursday, March 22, 2018 9:50 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] TEDRA question

Does a petition to amend a judicially created special needs trust have to be filed under a new cause number as a separate TEDRA action, or can it be processed under the original cause number of the action that created the trust?

The order creating the trust retained power to amend the trust.

The Clerk advised that the petition will require a separate cause number. I think it is a grab for additional filing fees. Is there and RCW on point that authorizes the amendment of a trust using TEDRA agreement without filing a new cause number in this scenario?

Please email responses to feil at cni.net<mailto:feil at cni.net> directly so I don’t miss them in the traffic of the list-serv.

Thanks in advance.

--

Warm regards,

Stewart Feil
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)

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