[WSBARP] TEDRA matter

[Kevin Winters]

Look at the vulnerable adult statutes maybe?

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jenna Brozik
Sent: Tuesday, February 25, 2025 3:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] TEDRA matter

Hello list mates,

Beneficiary of a will challenged the PR for undue influence and filed a TEDRA action.  At the same time Decedent executed new will before she passed away, Decedent transferred her house by deed to the PR in the PR's name. Beneficiary challenged the transfer of the home as undue influence in the TEDRA action.  Judge ruled he didn't have jurisdiction over the home in a TEDRA action because it wasn't an asset that passed at death.  (Yes, this was to our surprise also).  So the beneficiary filed a separate civil suit against the PR claiming fraud and undue influence regarding the transfer of the home before Decedent passed away.  Judge ruled the beneficiary did not have standing to sue because the fraud/undue influence did not occur directly to the beneficiary but to the Decedent.  Beneficiary argued that the house, if the undue influence/fraud did not occur, would have passed to the residue of the estate, per the Decedent's will,  in which she was a beneficiary.

Any comments on this whether the beneficiary would have standing or any other comment that is relevant would be greatly appreciated.

Thank you,

Jenna Brozik
Managing Attorney
PRINZ & BROZIK PLLC
445 S. Grand Avenueecut
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile

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