[WSBAPT] fee reasonableness petition

Stephen Brandli steve at brandlilaw.com
Thu Jul 29 10:18:22 PDT 2021


I don't think the change to the statute substantially changes the procedure.  The objecting party files a TEDRA petition.  TEDRA requires the petitioner (the objector) to set the initial hearing.  See RCW 11.96A.100.

If the Declaration of Completion you received has the PR noting the initial hearing, (a) that is not what RCW 11.68.110 required the notice to say, either before or after the change, and (b) that does not comport with TEDRA.

                Steve

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Thursday, July 29, 2021 9:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] fee reasonableness petition

Listmates, Client was served with Notice of Filing Decl of Completion 7/15, which was form saying she could petition the court re: reasonableness of fees within 30 days and, if she so petitioned, the estate attorney will request the court fix a time and place for hearing on her petition and notify her 10 days before the hearing. Effective 7/25, we have the new the changes to our statutes and the new form Notice which says she should petition the court under RCW 11.96A which I believe requires we file a separate TEDRA Summons and Petition and set our own hearing 20 days out. My client wants me to object to the reasonable of fees. Do I file a separate TEDRA Summons and Petition? Shannon

[cid:image001.png at 01D78463.0EA93D40]
Shannon R. Jones | Attorney
Campbell Barnett PLLC
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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