[WSBAPT] CONTENTIOUS PROBATE

Tue Oct 15 13:40:10 PDT 2019

Just last week, I filed a TEDRA Petition when it was apparent that one of the heirs to the estate who held a power of attorney from 2015-2018 stole monies from a vulnerable adult, her father.  There is an attorney fee provision in TEDRA and I noted for hearing pursuant to the rules.  In the TEDRA Petition, I noted that mediation should be waived by the court and the matter put into arbitration if not resolved at the hearing.  It seems to me that proving that the decedent was a vulnerable adult is very fact based on not to be resolved at an initial hearing.  I would recommend filing the TEDRA and noting for hearing to see what response, if any is going to be given by the daughter.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
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Snohomish, WA 98291

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dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Tuesday, October 15, 2019 1:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] CONTENTIOUS PROBATE

Jennifer, I dealt with this several years ago, but I had opened a probate estate previously.  My client was the PR, and the person who had taken the assets wasn’t even an heir of the estate.  I filed a Personal Representative’s Notice of Nonprobate Assets Subject to Disgorgement for Estate Expenses (RCW 11.18.200), filed  it in the probate case itself, and served it on the person who received the assets (I think I just mailed it to him).  I wasn’t absolutely sure I was doing it correctly, but it seemed to work.

Let me know if I can help.

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Gellner
Sent: Tuesday, October 15, 2019 11:44 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] CONTENTIOUS PROBATE

No valid will, big fighting between four siblings, only asset is house that daughter had mom sign JTROS to her back in 2010 when potentially vulnerable adult.  RCW says nonprobate asset including JTROS available for abatement to pay administration expenses, but requires notice under 11.96A – is it just the notice requirement or does a TEDRA action have to be commenced with a petition?

I’d love it if someone felt like calling me about this 😊

Best Regards,

Jennifer A. Gellner

[cid:image005.png at 01D5835E.0F76B520]<https://www.jcrlaw.com/>
Jennifer A. Gellner, LL.M.
Principal, Gellner Law Group
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