Weyand v. Newell
| Decision Date | 30 August 2022 |
| Docket Number | 55487-9-II |
| Parties | CATHY WEYAND, Appellant, v. ESTATE OF VERNON C. NEWELL and ANNE M. LAND, personal representative, Respondents. |
| Court | Washington Court of Appeals |
UNPUBLISHED OPINION
Cathy Weyand is a second cousin of Vernon C. Newell. Weyand helped Newell take care of his pets, but they had a falling out, and Newell arranged for the Humane Society of Cowlitz County to take his pets and adopt them out when he passed away. The Humane Society would have provided this service free of charge. But soon after Newell was hospitalized, Weyand put chains and locks on the gate to his property. When he died soon after, she took his pets and incurred expenses caring for them. Weyand also sought to be appointed personal representative of Newell's estate against his wishes.
The trial court instead appointed Newell's first cousin, Anne Land, as personal representative. After caring for the animals for several months, Weyand filed a claim against the estate as a creditor's claim for costs of animal care and other expenses she incurred. Land rejected the claim. Weyand then filed a petition under the Trusts and Estates Dispute Resolution Act (TEDRA), chapter 11.96A RCW, requesting payment on her claim.
After filing the TEDRA petition, Weyand asserted she mistakenly sought relief under TEDRA and asked the trial court to treat the case as an ordinary civil matter instead. The trial court rejected this argument and then denied Weyand's petition on the merits.
On appeal, Weyand argues the trial court erred when it reviewed her rejected creditor's claim using an expedited TEDRA procedure, rather than adhering to the ordinary rules of civil procedure. She also appeals the award of attorney fees to the estate. However, Weyand's claim was for costs of administration of the estate because Newell was already deceased at the time that Weyand took his pets and began incurring costs. Costs of administration are within TEDRA's purview, so the TEDRA procedure was proper. And the trial court did not err when it awarded fees to the estate.
We affirm. We also award the estate attorney fees on appeal.
Newell resided on his property in Cowlitz County, and he owned many dogs and cats. He had no living spouse, children, or siblings. His second cousin, Weyand, helped him care for the animals. But before Newell's death, Newell and Weyand had a falling out, and Newell sought a protection order against Weyand because he was afraid that she would "attempt to take his property and keep his pets." Clerk's Papers (CP) at 84. Weyand felt that because she had taken care of the animals in the past, she had an interest in their well-being.
Tina Schneider, a local Cowlitz County animal control officer worked with Newell for more than two years and became familiar with Newell's pets and his property. She would do welfare checks, consult with Newell about litters of puppies, and help Newell to ensure his dogs remained on his property. Schneider and the Humane Society also successfully worked with Newell to adopt out litters of Newell's puppies and agreed to help Newell get his dogs spayed or neutered since he could not drive.
Due to growing health concerns, Newell told Schneider that when he could no longer care for the animals, "he wanted [her] to pick up his dogs and care for them." CP at 104. Schneider promised to do her best to care for the animals. The Humane Society would provide this service and make sure the animals were adopted free of charge. Schneider's primary concern was helping the animals and fulfilling the promise made to Newell.
In the meantime, Weyand was demanding information from Schneider and her supervisors, but Newell had requested that they not share information about the animals with Weyand.
On October 13, 2019, Schneider received a call from the Cowlitz County sheriff informing her that Newell was being taken to the hospital. Schneider checked on the dogs to be sure they had food and water, and she began to make arrangements to transport them to the Humane Society. While Schneider was away from the property, Weyand put chains and locks on the gate so that Schneider could no longer enter.
Newell passed away on October 17, 2019. Weyand then removed the animals from the property.
Land Newell's first cousin, was appointed as personal representative of his estate with full court intervention. Weyand unsuccessfully contested the appointment, sought to be appointed as personal representative herself, and swore under oath that she was not a creditor of the estate. Despite Newell's wishes, Land was willing to turn ownership of the animals over to Weyand so long as Weyand would accept responsibility for them. Weyand would not confirm in writing that she was accepting full responsibility for the animals' care.
On June 30, 2020, Weyand timely filed what she labeled a "creditor's claim" against Newell's estate for $12,533.90. She claimed that she had expended more than this amount to care for the animals.[1] Weyand's reported expenses showed that every month she spent hundreds of dollars on pet food and pet bedding. She also claimed $20.00 an hour for her own labor in moving and caring for the pets. Land rejected Weyand's claim, stating that Weyand had no authority to incur the costs she was asking the estate to pay and that she was trying to "bilk the [e]state out of as much as she can." CP at 78.
Weyand filed a timely TEDRA petition, naming both the estate and Land as respondents and demanding payment on her rejected claim. The estate responded, attaching declarations from Land and Schneider explaining that the Humane Society would have transported the animals, cared for them, and adopted them out as Newell directed, all for free. The estate also submitted copies of e-mails where Land's attorney attempted to obtain a commitment from Weyand or her attorney that she was taking full responsibility for the animals.
Two days after the estate responded, Weyand's counsel filed a reply alerting the trial court to In re Estate of Berry, 189 Wn.App. 368, 358 P.3d 426 (2015), and asserting under that case, that the court should treat Weyand's petition as an ordinary civil matter subject to the rules of civil procedure, including CR 56, which governs summary judgment proceedings. Weyand asserted that where a creditor's claim is rejected, Berry requires that the claimant proceed under ordinary civil rules because the claimant is not yet a creditor under TEDRA.
At a hearing on September 9, 2020, Weyand argued that she was entitled to more time to respond to the estate's arguments for dismissal under the ordinary civil rules, and the trial court set the case over. Weyand then filed supplemental briefing.
Almost a month later, on October 7, 2020, the trial court held the continued hearing. Weyand reiterated her argument that this case should be handled under the ordinary civil rules. The estate argued that given the undisputed facts, Weyand's petition involved a claim for costs of administration of the estate because Weyand's claimed expenditures occurred after Newell's death, and TEDRA contemplated such claims would be resolved under that statute. The estate argued the trial court should resolve the case on the merits based on the undisputed facts.
The trial court entered an order denying Weyand's claim on the merits. The trial court reasoned that the Humane Society had a plan in place to take care of the animals and that Weyand appeared to "have stepped in and inserted herself." Verbatim Report of Proceedings (Oct. 7, 2020) at 29. The trial court pointed out that Weyand offered no evidence of "authorization or authority for incurring any costs associated with the care of the animals." CP at 142.
In its order denying Weyand's claim, the trial court cited to both TEDRA and chapter 11.40 RCW, the nonclaims statute, and concluded that Weyand's claim was not a valid creditor's claim against the estate, nor was it a valid cost of estate administration. The trial court also awarded attorney fees to the estate. Weyand appeals.
Weyand argues that the trial court erred in using the TEDRA procedure to enter judgment against her. Relying on Berry, she contends that because her creditor's claim was rejected, the trial court should have treated her lawsuit as an ordinary civil case because she could not be a "proper party" and her claim could not be a "matter" under TEDRA until the estate accepted her claim, thereby making her a creditor. Appellant's Br. at 5-8.
The estate counters that this case differs from Berry because Weyand's claim is one for reimbursement for the costs of estate administration rather than a creditor's claim for a debt Newell incurred before his death. Thus Weyand's petition was properly before the court as a TEDRA petition because it addressed a claim for reimbursement of administration expenses under RCW 11.96A.030(2)(c).[2] We agree with the estate.
TEDRA gives ...
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