[WSBAPT] Invalid creditor's claim

[Tim Bradbury]

Why skip the formal rejection?  It is no more complicated than sending a
letter.  File it with the court.  And you are doing it the proper way.

I've had two creditors in the last 43 years call and complain.  I explain
the error that they committed.  No one has ever filed an action contesting
the rejection in any of my probates.

I think that it helps to send a letter of explanation along with the Notice
to Creditors including that it must be filed both with the court and my
office by whatever the expiration date is..  I also include a creditor
claim form for them to use.  Pointing that out when they call to complain
about being rejected seems to help.  Both creditors were legitimate and
provided good service in return for their charge.  But the PR's duty is to
preserve the assets for the beneficiaries or heirs.  And it is definitely
outside the bounds of the PR's discretion to pick and choose among
defective claims.

Tim Bradbury, retired

On Wed, Dec 2, 2015 at 10:51 AM, Lovie Bernardi <lovie at sbfirm.com> wrote:

> Dear listmates,
>
>
>
> Believe it or not, I’ve never dealt with a defective creditor’s claim
> before. A known creditor was given actual notice. They sent back the claim
> form we provided, unsigned, to our office, but never filed it with the
> Court. The creditor’s claim period has now expired. I was prepared to send
> a rejection to the creditor, then started to review some CLE materials
> which led me to believe that I need not reject it formally because it was
> not a proper claim. It now occurs to me that if the claim was never filed
> with the court, it is not a proper claim. The creditor continues to send
> statements to the administrator. The CLE materials had a “drop dead” letter
> to send in such circumstances. Am I okay with just sending that and
> skipping the rejection? Thanks in advance for the input.
>
>
>
> Lovie Bernardi
>
> Attorney at Law
>
> Seligmann & Flaherty, PLLC
>
> 216 First AVE S, #450
>
> Seattle, WA  98104
>
> (206) 682-2616
>
>
>
> lovie at sbfirm.com <joni at sbfirm.com>
>
> http://sbfirm.com
>
>
>
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-- 

Timothy Bradbury, PLLC

Attorney

1300 Hoge Building

705 Second Avenue

Seattle, WA 98104

(206) 623-1594/Fax: (206) 623-2186
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