[WSBAPT] Estate Claim Against Beneficiary

[Mark Anderson]

Thank you, Diane, for the information and for your offer.  The Estate is already evaluating the concept of throwing good money after bad.  I am not reluctant to do work where it is justified.  But in this case, some of the work may not be justified in the bigger picture.

A distribution plan has already been developed and is still being refined to account for the acts of the beneficiary.

Thanks again.

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 Diane Kiepe
Sent: Monday, April 20, 2026 1:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Claim Against Beneficiary

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<mailto: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<mailto: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<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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