[WSBAPT] Probate Notice to Known Creditors: IRS

[Richard Wills]

According to USPS, First-Class Mail includes:


*	"Regular" mail.
*	Certified Mail.
*	Certified Mail w/Return Receipt.

Sending a document by Certified Mail w/Return Receipt is sending it by
"first-class mail."Â  Certification & Return Receipt are both additions to
first-class mail at additional expense, not some other type of mail.Â
Certification & Return Receipt are only available for two types of mail,
First-Class Mail & Priority Mail.


Consequently, apparently at odds with the FEDs in OR, if a statute
requires notice to be mailed by "first-class mail," mailing it by
first-class mail certified w/return receipt should fall squarely within
the statute.





On 9/8/2014 11:16 AM, Cyrus Field wrote:


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 â
€œcertificate of mailingâ€� 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. Â 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: Heather <mailto:heatherd at westseattlelaw.com>  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 â
€˜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 98116-3705Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â  

(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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Bar Association nor its officers or agents. 

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Bar Association nor its officers or agents. 


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Bar Association nor its officers or agents. 

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