[WSBAPT] Estate Claim Against Beneficiary

[Mark Anderson]

Dear Dalynne:
Thank you for laying out the options.  Given the acrimony between everyone involved, I would fully anticipate an objection in one form or another (blazing email, blistering voicemail, etc.).  I will probably have to go with your Option #2.
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, April 20, 2026 12:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate Claim Against Beneficiary

If your client as Admin/PR has non-intervention powers, you could file a declaration of completion and also include a final report and accounting anticipating an objection.
You then file and give 30 days' notice for any objections which may be forthcoming.  If no objection, then you distribute based on what you have outlined and filed.
OR
You could prepare the final report and accounting and send to all heirs with explanation of the fees/costs incurred for the one heir and propose how the allocation of those fees is being handled.
Note the hearing on the final report and accounting and get your court order.  Make sure you file a declaration and attach the appropriate atty fees invoices with work done and why that was incurred for one heir and didn't benefit the Estate or other heirs.
I have done this for times when the PR/Admin. Fees/costs are being claimed with a declaration of the PR/Admin for the fees/costs and why extra work was needed for the Estate.  In addition, when like you, there is one heir that has been the sole reason for more attorney fees/costs and work done.  This happens when you have an heir as a squatter in the Estate home and requires extra litigation and expense for ejectment action...
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Erica erica at glgmail.com<mailto:erica at glgmail.com>, Bill bill at glgmail.com<mailto:bill at glgmail.com> or part time paralegal Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Co-counsels at GLG are Attorney Carrie Ulrich (carrie at glgmail.com<mailto:carrie at glgmail.com> ), Spencer Clower (spencer at glgmail.com<mailto:spencer at glgmail.com>) and Candace Wilkerson (candace at glgmail.com<mailto:candace at glgmail.com>).  Litigation paralegal is Daina Gray (daina at glgmail.com<mailto:daina 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 Mark Anderson
Sent: Monday, April 20, 2026 12:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Estate Claim Against Beneficiary

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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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