[WSBAPT] Estate Claim Against Beneficiary

[Diane Kiepe]

Mark,

I lost a TEDRA action but still received attorney fees (though I was the
beneficiary's attorney, and we thought the fees resulted from PR actions).
To be honest, your PR may be throwing good money after bad.  The PR would
need to be sure other beneficiaries don't view such actions as a breach to
them.  That being said, if an invoice for the fees tied to that beneficiary
is clearly stated and if the fees caused by his/her actions seem
unreasonable, I would consider drafting a distribution plan, charging that
beneficiary, and filing the plan with supporting documents with the court
(taking the formal closing route).  A TEDRA is another possible option, but
I'm not sure what dollar range you are working with.  Again, spending X to
save W isn't necessarily prudent.  The issue fits in the definition of
"Matter" so it may be more straightforward to go the TEDRA route.  If you
want to talk through anything, I'd be happy to.



Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-280-6414
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On Mon, Apr 20, 2026 at 12:13 PM Mark Anderson <marka at mbaesq.com> wrote:

> Dear All:
>
> A nonintervention probate estate incurred substantial attorney fees
> because of the conduct of one beneficiary during the course of the
> administration of the estate.  The personal representative wants those
> attorney fees to be taken out of the beneficiary's distribution from the
> estate.
>
> As offered by another member of this Listserv, to recover any attorney
> fees, the estate will have to obtain an order under RCW 11.96A.150.
>
> Have any of you dealt with a situation like this?  Even if you have not, I
> would still like your thoughts on how to proceed.
>
> Thanks in advance.
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209, PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
>
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