[WSBAPT] Question about third party Enforcement of Estate Expenses

[msafren at jennylinglaw.com]

Hi All:

 

I've encountered a situation with a probate whereby a third party is
claiming that the estate has breached lease/ contract. 

 

The third party has motioned the court via exparte hearings to enforce the
expenses that the third party claimant believes that they are due.

 

However, it my understanding that this is not an acceptable means for
attempting to enforce estate expenses.  My understanding is that the third
party claimant must sue the PR (as RCW 11.48.090) requires either via
ordinary civil suit or may sue using TEDRA RCW 11.96A.  which would still
require the filing of a petition AND service of a summons upon all the
interested parties.

 

Is my understanding correct or am I missing something?  I attempted to find
case law that supports my assertion, but I'm not finding anything.  Does
anyone have a citation for a case that supports my assertion that
enforcement of third party claims against the estate for estate expenses
requires either ordinary civil suit against the PR or via TEDRA? 

 

Thanks in advance for your help!

 

I searched RCW 11.48.090

 

I did not find any 

 

Kind regards, 

Michael S. Safren, Esq. 
Attorney at Law 


 
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