[WSBAPT] Rejection of Claim and Commencement of Action; RCW 11.40.100

[Samuel M. Meyler]

Dear Listmates,

 

I’m looking for some input on this very adversarial matter that I am
dealing with.

 

Decedent was a resident of Louisiana and Decedent’s widow/Personal
Representative is still a resident of Louisiana.  PR opened probate in
Washington because there was property here.  PR failed to give my client
notice of the probate, even though PR was well aware of my client and PR
did not publish notice.  Prior to receiving notice of the probate, my
client (who is a creditor of the Estate) brought an action in Louisiana
against the Estate.  Once my client learned of the probate in Washington,
a Creditor’s Claim was filed and the actual Petition from the Louisiana
action was attached to the Creditor’s Claim.

 

PR has now filed a Rejection of the Claim.  I will add that: a) PR sent
the Rejection by first-class mail rather than certified or personal
service, b) PR has failed to file an affidavit of service, and c) PR
failed to “advise the claimant that the claimant must bring suit in the
proper court against the personal representative within thirty days after
notification of rejection or the claim will be forever barred…” all of
which is required by RCW 11.40.100.

 

My questions are:

1)      Is creditor still required to bring an action within 30 days even
though the Rejection of the Claim does not comply with the statute?

2)      If so, does the pending Louisiana action satisfy the requirement
that Claimant bring suit in the proper court within thirty days?

3)      If the Louisiana action does satisfy the requirement, should an
additional notice of some sort be filed with the King County Superior
Court?

 

I would greatly appreciate any input on these questions and any additional
thoughts or tips that might be helpful.

 

Samuel M. Meyler

Attorney at Law 



Mail:  P.O. Box 777 | Redmond, WA 98073-0777

Location:  8201 164th Ave. NE, Suite 200 | Redmond, WA 98052

Tel:  425.881.3680 | Fax:  425.881.1457 | Email:
<mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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