[WSBAPT] Probate, no N/Creditors, close within 1 year?

[Tom J. Westbrook]

Richard, you have more courage and faith in a PR than I do.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Wednesday, November 26, 2014 8:42 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate, no N/Creditors, close within 1 year?

 

Eric --- I've routinely opened & closed an estate within a week where
the PR/client says that he or she is intimately aware of the D's
financial situation, that D has no debts, that all expenses have been
paid, & that Letters are needed for some reason or another.  I've done
this many times &, so far, have never had a problem with it.



On 11/25/2014 4:25 PM, Eric Nelsen wrote:

	PR elects not to publish N/Creditors, and wants to close estate
short of the 2-year period. PR knows estate well and is certain there
are no outstanding debts; all funeral, burial, medical, credit cards,
etc., paid already, everything except for a house mortgage which is
being paid by surviving spouse in the home.

	 

	I think this is allowable. The risk to PR is of course that a
creditor hasn't been provided for, and their claim is still good until 2
years after DOD. In theory that creditor could petition to re-open the
estate and maybe file suit against PR for expense of re-opening in order
to get in its claim, on the theory that the PR breached her/his
fiduciary duties to ascertain creditors.

	 

	But if PR has been advised and is willing to run that risk, why
not just close the Estate?

	 

	Anyone think otherwise? Is a PR absolutely prohibited from
closing an estate within 2 years if no notice to creditors has been
given?

	 

	Sincerely,

	 

	Eric C. Nelsen

	SAYRE LAW OFFICES, PLLC

	1320 University St

	Seattle WA  98101-2837

	phone 206-625-0092

	fax 206-625-9040

	 

	
	
	
	

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