[WSBAPT] Probate Notice to Known Creditors: IRS

Richard Wills richardwills at washington-probate.com
Mon Sep 8 12:38:26 PDT 2014 

Joshua --- What I'm attempting to accomplish is to file "an affidavit
regarding the facts referred to in this section [ie, RCW 11.40.040."Â  The
section does not provide a name for the affidavit.  Some call it a Decl
of Due Diligence.  I call it a Decl of Reasonable Review.  According to
the statute, "reasonable diligence" is accomplished by conducting the
"reasonable review."



On 9/8/2014 10:24 AM, Josh Grant wrote:


Richard
Do you file this “Declaration of Reasonable Reviewâ€� as well as a â
€œDeclaration of Due Diligenceâ€�?
 
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

 
From: Richard <mailto:richardwills at washington-probate.com>  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:


We do that with a letter of enclosure, so we have evidence it was sent.Â
A declaration of mailing is important sometimes.


Roger --- I agree & accomplish that by mailing the Notice by certified
mail ($6 is cheap insurance & takes less time than preparing a letter) &
by filing a Declaration of Reasonable Review (attached) after the
expiration of the claims period.

I'm hesitant to send anything more than a copy of the Notice to Creditors
for fear of saying more than needs to be said under the claims statute.Â
I've seen letters sent by other attorneys that in my opinion provide
creditors with far more information than is statutorially required, & I
have wondered whether that subjects the attorney to unnecessary liability
if the creditor screws up in presenting its claim & is looking for a
scapegoat.






 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

 <ttp://www.hawkeslawfirm.com%22/> www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

 

From: Richard Wills [ailto:richardwills at washington-probate.com
<ailto:richardwills at washington-probate.com%22> "] 
Sent: Monday, September 08, 2014 8:23 AM
To: ailto:wsbapt at lists.wsbarppt.com <ailto:wsbapt at lists.wsbarppt.com%22> "
Subject: Re: [WSBAPT] Probate Notice to Known Creditors: IRS

 

I agree with John, although I don't send a "letter."Â  Especially in
insolvent estates, I file & publish a Notice to Creditors, & in any estate
in which I've published a Notice to Creditors, all I send to possible
creditors is a copy of the Notice to Creditors, nothing more.



On 9/7/2014 4:38 PM, John J. Sullivan wrote:

Erin:

 

Yes and no. If I know the decedent owed back taxes I send notice. 

 

In most cases I know because there was already contact before death. In
many cases the IRS has filed a lien, which makes them a secured creditor
that can execute outside of probate. 

 

Also, and especially in an insolvent estate, the IRS claim for back income
taxes enjoys a priority intersected by federal law that places it ahead of
everyone other than expenses of administration and last illness. 

 

http://www.irs.gov/irm/part5/irm_05-005-002.html
<tp://www.irs.gov/irm/part5/irm_05-005-002.html%22%22> 

 

John Sullivan

Sent from my iPhone


On Sep 7, 2014, at 12:19 PM, Erin Fairley
<ilto:efairley at advocateslg.com%22 <ilto:efairley at advocateslg.com%22%22> ">
wrote:

Hi List-mates,

 

Decedent’s estate is insolvent (roughly 8k in estate account – over
100k in creditor debt).  Decedent owed IRS from previous tax years.  Do
I send Notice to Known Creditors letter to IRS or is dealing with the IRS
a whole other ball of wax?  

 

Thank you.  I hope you all enjoyed this perfect weekend weather!  

 

 

 

 

Erin M. Fairley, Attorney

121 Lakeside Avenue, Suite 108
Seattle, WA 98122
ilto:efairley at advocateslg.com%22 <ilto:efairley at advocateslg.com%22%22> "
Phone: (206)-535-7929; Cell:Â  (206) 353-4625
http://www.advocateslg.com <tp://www.advocateslg.com/%22%22> 

 

 

<47DC0A99-A1D5-4C0B-8548-B17B13346569[176].png>





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