[WSBAPT] TEDRA agreement

[Diane J. Kiepe]

Yes, the law is very clear that for TEDRA a separate action must be opened as you cite below.  11.96A.090(2) could be more clear.  This issue now is how you want to respond.  It's tricky because you don't want to do their job for them but I would hesitant to take no action.  I would lean towards an answer pointing as a motion to dismiss as improper filing.

Keep us posted on your choice.

Diane J. Kiepe

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

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jenna Brozik
Sent: Tuesday, May 9, 2023 10:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TEDRA agreement

List mates,

Opposing party (attorney) filed a TEDRA agreement in the Probate case.  There was no TEDRA action commenced.  Isn't he supposed to commence a new action under RCW 11.96A. 090 and also file a petition and a summons under RCW 11.96A.100?  He can consolidate the two actions later but there was never a separate action opened.

How can there be a TEDRA agreement when there is no open TEDRA case?  Any comments or thoughts.

Thanks,

Jenna Brozik
Managing Attorney
PRINZ & BROZIK PLLC
445 S. Grand Avenue
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile

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