[WSBAPT] litigation question

[Diane J. Kiepe]

Thanks - I just wasn't sure where to add it in - do I add my own prayer for relief section?


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, August 25, 2023 4:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] litigation question

Fees are awardable for any party, against any party, as the court deems to be fair, in a TEDRA action. RCW 11.96A.150. You're fine-don't need a counterclaim in order to ask for fees.

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>

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 Diane J. Kiepe
Sent: Friday, August 25, 2023 4:16 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] litigation question

I am having to defend a TEDRA complaint asking the court to make the name and currently acting PR (my client) to step down as PR as well as ask the successor to step down because of alleged (and not supported by evidence and in some instances flat out wrong because they didn't bother to believe information previously given to them I guess) wrongdoings before decedent died.  PR did receive a larger slice of the inheritance but there are clear reasons why noted by 2 attorneys in the attorney-client file.

My request/question is this:  I can't think of any counterclaims (people with interest in Estates have a right to go into the court under TEDRA).  But the legal fees to the estate are ridiculous due to the outlandish claims and the PR's need to explain every detail of every allegation and why it's false.  Also, she wants an answer filed with more detail then even I normally do because of the allegations against her being of "public record".  Of course we want to ask for legal fees.

I'm perplexed and wonder can I just ask for legal fees without an actual counterclaim?  If anyone would be willing to walk me through this on the phone I'd be so appreciative.  My client is a nervous wreck that I haven't already answered (although no hearing set) because of what has been stated about both her and her mother (successor Tee).  I promise you, it's not nearly as bad as it is compared to some things but because of the obvious lack of attempt to get accurate information and her being put in the light of a financial abuser of her father's goodwill I got get this in.

Thanks in advance for anything!


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.


DISCLAIMER: the preceding message and any attachments may contain confidential information protected by law, the attorney-client privilege or other privilege.  This communication is intended to be private and may not be recorded or copied without the consent of the author.  If you believe this message has been sent in error, REPLY to sender and then DELETE this message.  Thank you.



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