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

[Paul Neumiller]

I've had a court clerk say to me "oh, it's a petition, that'll be an extra $240 filing fee."  I had to argue my way out of that one.  Since then, I have called them "motions" with no problems.


[cid:image002.jpg at 01D741CA.E93B3610]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, May 5, 2021 3:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Petition for Instructions" or "Motion for Order Instructing PR"

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
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 James W. Spencer
Sent: Wednesday, May 5, 2021 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
Due to COVID-19, I am working remotely and our office is running on reduced staff. We are taking in-person meetings only in limited circumstances. During this time, please expect some delays in response time. Thank you for your patience.
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
Fax: (206) 324-3106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.brothershenderson.com%2F&data=04%7C01%7C%7C82b762fe62114a4ec64508d9101916c9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637558522332878123%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RqiYY0mouQ04KJdl0%2FdTJGmYC9U8Un62XtZfDLxyd08%3D&reserved=0>
pronouns: he/him

[cid:image003.jpg at 01D741CA.E93B3610]
The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210505/1346d37d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210505/1346d37d/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3164 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210505/1346d37d/image003.jpg>