[WSBAPT] PR's creditor claim

[Rebecca King]

I believe so.  I have used this method a few times to deal with PR creditor claims.

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Thursday, January 12, 2023 9:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR's creditor claim

Could a TEDRA agreement signed by all the beneficiaries of the Will approving the payment of the PR’s creditor claim be filed in the probate proceeding rather than filing a separate TEDRA petition, providing notice and having a hearing? For this question, assume a solvent estate and a PR with nonintervention powers.

I thought a TEDRA Agreement could work because RCW 11.40.140 provides that in addition to requiring the PR to file a creditor claim in the probate proceeding, the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under chapter  11.96A<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A> RCW.  RCW 11.96A.220 provides that “if all parties agree to a resolution of any such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions of RCW  11.96A.240<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.240>, the written agreement shall be binding and conclusive on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property.”

Based on these provisions, if all the beneficiaries agree to sign a TEDRA agreement allowing claim, could this be a more cost effective way to allow and pay the claim?

-Margaret

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Mailing Address: PO Box 292, Langley, WA 98260
Physical location: 2815 Howard Rd., Langley, WA, Second Floor
Phone: 360-579-4530
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www.delp-law.com<http://www.delp-law.com>





From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Nick Pleasants <npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Wednesday, January 11, 2023 at 6:30 PM
To: "'wsbapt at lists.wsbarppt.com'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR's creditor claim

Hi Sharon,
I’ve done it a few times. Not just the creditor claim, but you also have to file a TEDRA Petition to have it approved. Happy to chat.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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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 Sharon Rutberg
Sent: Wednesday, January 11, 2023 5:52 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] PR's creditor claim

Hi, folks –

Has any of you submitted a creditor’s claim for a PR under RCW 11.40.140?  If so, I have a few questions I’d love to ask you. Please email me off the list – sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com> .

Many thanks,
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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