[WSBARP] TEDRA Question

[RebeccaWiess]

First file a Suggestion of Death in the partition. Then sort out whether
heirs are going to open a probate, and if they don’t within the statutory
time, you can open one. Then move to substitute the estate in the
partition action. If you have case schedule deadlines looming in the
meantime, move for a continuation for those deadlines after you file the
suggestion of death. Not a TEDRA matter. 

 

Rebecca K. Wiess

Attorney at Law

1420 5th Avenue, Suite 3775

Seattle, WA  98101

Phone 206 622-4425

Fax 206 622-9021

rwiess at foxinternet.net 

 

  _____  

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Wednesday, July 16, 2014 10:36 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] TEDRA Question

 

All:

 

I represent a plaintiff in a partition action.   One of the defendants has
died during the pendency of the suit.

 

My thought is that we need to change the caption for the suit to name the
estate instead of the person.  I think I need also to file under TEDRA.

 

First, may I drag in the other defendant in the TEDRA action (who also
happens to be a beneficiary of the deceased)?

 

Second, does a probate need to be initiated by the Estate before a TEDRA
Action may be brought?

 

Thanks for your thoughts.

 

 

Catherine C. Clark

Law Office of Catherine C. Clark PLLC

701 Fifth Avenue, Suite 4105

Seattle, WA  98104

Phone:  (206) 838-2528

Fax: (206) 374-3003

Email:  cat at loccc.com

 

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
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