[WSBAPT] TEDRA vs motion in probate proceeding

Mon Oct 22 11:29:09 PDT 2018

Since you have non-intervention powers as I did, I did not do a final decree with accounting.  I limited my motion to the distribution I was making - the prisoner wanted me to give his inheritance to his son and for many reasons, I was concerned about this request and wanted court approval.  The prisoner in my case was claiming there were additional assets and monies that should be included in the estate which were never found.  Much of my reason for the motion was to alert the court to the situation and the accusations being made by the prisoner with no evidence to support his claims.

I included in the motion for my fees and costs to be paid to me as administrative expenses of the estate BEFORE any distribution and the court agreed and provided that in the order as well.

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

LICENSED IN WASHINGTON AND OREGON
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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 1:22 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Cc: Solo and Small Practice Section <solo-and-small-practice-section at list.wsba.org>
Subject: Re: [WSBAPT] TEDRA vs motion in probate proceeding

Thank you, Dalynne, for your suggestion.  In order to request approval of the distributions, would I have to do a final decree with the accounting, fees, etc, or could I request the distribution without all of the other information?  

Krista

> On Oct 22, 2018, at 11:05 AM, Dalynne Singleton <dalynne at glgmail.com> wrote:
> 
> 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
> 
> LICENSED IN WASHINGTON AND OREGON
> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
>        
> 
> -----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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