[WSBAPT] PR reimbursement for Pre-death expenses

[Josh Grant]

The question initially asks about “pre-death” expenses. Then asked about the filing fee.  I have never had a case where I tried to file a probate pre-death.  I just advance the filing fee and publication fee, and it is listed when we do the Notice of Declaration of Completion.  Never had an objection. All pre-death reimbursements are paid by TEDRA agreement of all heirs or a hearing on a creditor’s claim.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Dalynne Singleton 
Sent: Wednesday, September 18, 2019 4:22 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] PR reimbursement for Pre-death expenses

I have done both ways. One time as motion in probate court and received order. No one opposed or objected. Second time I filed tedra because it was met with complete opposition. Commissioner in king accepted first one no issue and gave my PR a judgment. Second one tedra was in Kitsap and required several hearings on the creditors claim, PR fees and other issues. Resolved at settlement conference with upcoming trial date.  Statute clearly says tedra. 
Dalynne Singleton 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Sent: Wednesday, September 18, 2019 4:16 PM
To: 'wsbapt at lists.wsbarppt.com'
Subject: [WSBAPT] PR reimbursement for Pre-death expenses 

Does a Personal Representative need to file a claim and have it approved by the Court for every reimbursement of a pre-death expense. That has always been my understanding, and I have followed this procedure absent written agreement of all heirs (and even then, sent in an agreed order for signature occasionally). 



RCW 11.40.140 states that the “The petition must be filed under RCW 11.96A.080.” whether or not the Personal Representative has nonintervention powers. Does this mean a $240 filing fee and noted hearing? Who pays for this, him personally, or the estate? I have a Personal Representative who could have drawn funds out of the account, he was POA before death, who is frustrated with my advice that this is what is required. He has clear proof of having deposited funds (to cover shortfalls between arrival of payment from long-term care insurance and nursing home expenditures) on a couple of occasions.



Heather



Heather S. de Vrieze
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                         

(206)938-5500

heatherd at westseattlelaw.com

www.westseattlelaw.com

Click here to connect with de Vrieze | Carney on Facebook:  



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