[WSBAPT] PR as Creditor

Wed Sep 13 12:04:50 PDT 2023

I usually advise my PR client to engage another attorney to file the required TEDRA and present at hearing because of the apparent if not actual conflict of interest in filing that for the PR as a creditor - Shannon

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Wednesday, September 13, 2023 11:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: Timothy Lehr <timothy at stileslaw.com>
Subject: [WSBAPT] PR as Creditor

You have to file TEDRA pursuant to the RCW 11 statute.  I have done this before, but it has been awhile and I can search and share those pleadings with you.
PR as creditor is required to file TEDRA, you then note for hearing and serve the other heirs.  If the brother were reached and signed off in agreement, you could do a TEDRA agreement and avoid filing the TEDRA but sounds like that won't work here.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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dalynne at glgmail.com<mailto:dalynne at glgmail.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 michael westseattleattorney.com
Sent: Wednesday, September 13, 2023 11:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR as Creditor

Please post to list

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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 Timothy Lehr <timothy at stileslaw.com<mailto:timothy at stileslaw.com>>
Sent: Wednesday, September 13, 2023 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR as Creditor

All,

PR of an estate has filed her own creditor's claim pro se, seeking reimbursement for caregiving of the decedent for a number of years. PR is a registered nurse and was full-time caregiver for mom. Only other heir of estate is her brother who has been in and out of jail in multiple states. We're going through the due diligence process to try to find him. Estate is ready to sell the last asset (house) and close out estate.

I've never had a PR also be a creditor. There's clearly a conflict here for PR to accept the claim and I'm wondering what the best way to address the issue. My initial thought is note up a hearing, give notice to other heir (whether by publication or otherwise), submit the facts and let the court make a decision on whether to accept or reject it since the PR/creditor would obviously like to accept. The claim is in an amount that would likely take most, if not all, of the estate assets.

Any thoughts on how to proceed without any conflicts for myself or PR?

Thanks,

Timothy C. Lehr

Attorney & Partner

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p:   360.855.0131

e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>

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