[WSBAPT] Probate Notice to Known Creditors: IRS
Roger Hawkes
Roger at law-hawks.com
Mon Sep 8 12:22:25 PDT 2014
I rarely use certified; if the addressee doesn’t pick it up or sign for it
or someone else signs for it, it doesn’t prove much of anything. So I
don’t rely on it. The usual rule is doing too much mailing doesn’t hurt,
so first class and certified is good, and Mr. Field’s tip about the
certificate of mailing does add some objectivity to the proof.
Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
<http://www.hawkeslawfirm.com> www.hawkeslawfirm.com
206 367 5000
Fax is 206 367 4005
From: Martin Silver [mailto:msilver at wolfenet.com]
Sent: Monday, September 08, 2014 12:14 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Probate Notice to Known Creditors: IRS
Good point Mr. Field and thanks for the useful tip. My point had been
with regard to jurisdictional matters where the method of service is not
usually the issue, but the timeliness is. Certified mailing is more than
first class and having done a few unlawful detainers many years ago I
relied on the literal requirements of the statute to win for the tenant.
I did not know about the certificate of mailing but where the statute
prescribes first class and if the matter is likely to be contested that
looks like a nice touch, also less expensive than certified. I guess you
can do a double mailing too, but the certificate sounds spiffy.
From: Cyrus Field <mailto:cyfield at rockisland.com>
Sent: Monday, September 08, 2014 11:16 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Probate Notice to Known Creditors: IRS
I have been hesitant to do anything more than what the statute requires
(certified/return receipt v. 1st class mailing) after I saw people get
burned by doing that in other contexts (ex. FEDs in Oregon where landlord
showed judge signed certified receipt by tenant but judge said not good
enough because statute expressly required 1st class mailing and nothing
more). Instead, at the suggestion of our local postmaster on Shaw Island
(who will be out of job by end of month because of USPO ills) , I use
“certificate of mailing” with potential creditors- easier paperwork,
cheaper (about $2) and gets you stamped proof you mailed to party at
stated address, with proper postage on a certain date. To date untimely
creditors have always backed down when presented with copy of certificate
of mailing and declaration. If I did certified/return receipt I would
probably also do regular mailing out of an abundance of caution/paranoia .
At least that is the way I roll at the moment. Cy
Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640
Mullis St. Friday Harbor, WA
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Martin Silver
Sent: Monday, September 08, 2014 10:21 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Probate Notice to Known Creditors: IRS
Not to kick up more dust, but I use certified mailing , return receipt
requested when I file tax court petitions or DOR appeals because the rule
is timely mailing is timely filing as to a jurisdictional matter, and I
would rather deal with that issue with a postal stamp showing date of
mailing than my own affidavit. I guess if it came down to proof I would
probably have to do a declaration anyway saying I got this stamped at the
post office.
From: <mailto:heatherd at westseattlelaw.com> Heather deVrieze
Sent: Monday, September 08, 2014 10:03 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Probate Notice to Known Creditors: IRS
Why ‘certified return receipt’ when the statue clearly calls for
‘first-class mail, postage prepaid’? I too tend to send a letter, then
when they say they didn’t get notice, I have a letter with a date on it,
addressed to them that I can send, along with my affidavit of diligence.
The letter doesn’t say much, only calls out some of the information buried
in the Notice, usually some variation of:
“This office represents the above-noted estate. NAME OF DECEASED died on
DATE. The Decedent's Will was admitted to probate under the above-noted
cause number, and NAME OF PR was appointed the Personal Representative.
The purpose of this letter is to provide you direct notice of the
decedent’s death
In accordance with the enclosed Notice, a claim must be served and filed
in a timely manner, as provided under state law, in order to make a valid
claim as a creditor of the Estate.”
Heather
Heather S. de Vrieze
Attorney-at-Law
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
<mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com
<http://www.westseattlelaw.com/> www.westseattlelaw.com
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Monday, September 08, 2014 9:52 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Probate Notice to Known Creditors: IRS
On 9/8/2014 8:29 AM, Roger Hawkes wrote:
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