[WSBAPT] "Petition for Instructions" or "Motion for Order Instructing PR"

[Eric Nelsen]

I'm good with "Motion" instead of "Petition." I have used both and haven't had an argument yet that I was using the wrong procedure or should have filed a separate TEDRA.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James W. Spencer
Sent: Wednesday, May 5, 2021 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Petition for Instructions" or "Motion for Order Instructing PR"

Greetings Hivemind:

I lump this into stuff that probably doesn't matter, but I thought it was worth asking what y'all thought about the name of the pleading we would use to ask the court to instruct a personal representative.

I know that "Petition for Instructions" seems to be our lexicon for this type of thing, but I hate using it as any reference in that "Petition" to the court's plenary authority under TEDRA may very well trigger the clerk to require a new TEDRA case number (and the associated filing fee) when all I want to do is file it in the underlying probate.

I am inclined to call it a Motion for Order Instructing PR instead.

I'm certainly overthinking this, but I thought it would be worth throwing out to everyone for their thoughts.

Thanks,
James

James W. Spencer
Attorney at Law
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