[WSBAPT] TEDRA vs motion in probate proceeding

[Dalynne Singleton]

I might approach this a little differently.  Why not bring a motion to approve distribution to heirs given your non-intervention powers and include the arguments that the rightful heirs are so and so, and NOT the slayer.  That way, you get an approval of what you are wanting to do in distributions AND that the slayer is not entitled to distribution...  I don't see any reason for TEDRA.  You probably should give extra notice time to the slayer because he/she is in prison - I had a motion and had to give notice to the person in prison.  The court allowed a late response AND the prisoner was allowed to call in and be heard at the hearing.  I was able to win the motion but the court seemed to give a lot of leeway to the prisoner who was pro se.  In my motion, I attached the conviction summary I obtained from the prison website which listed all his convictions and also included what he had done in the 20 years he was in prison, he had 40 more years to go in my case.

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

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Krista MacLaren
Sent: Monday, October 22, 2018 12:56 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>; Solo and Small Practice Section <solo-and-small-practice-section at list.wsba.org>
Subject: [WSBAPT] TEDRA vs motion in probate proceeding

Colleagues,

I want to bring a motion in a probate asking the court to confirm a beneficiary is a slayer under the slayer statute, and authorizing the PR to distribute the assets to the remaining beneficiaries and exclude the slayer.  The slayer statute is so explicit, and the slayer in this case has been convicted of the crime, and PR has non-intervention powers, so I am only bringing this motion to be on the safe side - we could probably just distribute with no consequences.  The question of the day is whether this has to be brought as a declaration of rights under TEDRA with a new filing fee, etc., or if I can just bring a motion in the probate with 14 days’ notice.  All beneficiaries other than the slayer would benefit from this, and the slayer is in prison for life.  TEDRA seems like overkill here, and I have brought motions in a probate before that possibly should have been brought as a TEDRA action, and the commissioner didn’t bat an eye.  I find myself not wanting to use TEDRA because it seems like a waste of money in an already small estate.  Thoughts?

Thank you,
Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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