[WSBAPT] creditor claim "please file"

Mon Jul 6 17:10:01 PDT 2015

To be polite, I would return the original tendered for filing with the court
(assuming you were also served with a copy). In either case I would refer
the claimant to the statute: "Please see RCW 111.40/42.nnn for the
requirements for making claims. Filing is your responsibility." If the claim
is substantial, or the PR (your client) wishes not to pay it, you cannot do
anything but ignore the request and see if the claimant complies with the
statutory requirements. This depends on the PR, possibly the beneficiaries,
and the relationship, practically speaking. Remember, the PR can pay debts
for which claims are not formally made. See 11.40.070(4). 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Monday, July 06, 2015 3:17 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] creditor claim "please file"

It seems to me it would be a conflict of interest for the PR to file the
creditor's claim; wouldn't that be against the interests of the estate
beneficiaries?

Sara D. Longley, J.D., LL.M.

Attorney at Law

1718 NW 56th Street #304

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at Longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, July 06, 2015 3:12 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] creditor claim "please file"

Clearly mailing to you and asking you to file does not comply with the
statute. I'm afraid my reaction might be based on who the creditor was, but
I think you have 2 choices, and the client must make the decision. Either
you can return the claim and politely tell them that you do not file claims
for creditors. Or you can hold it and when the claim period has run, reject
the claim.

I think the risk of the second choice is that the creditor argues that they
relied on you to file it and inaction shouldn't have put them on notice that
you did not. 

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 

Click here to connect with de Vrieze | Carney on Facebook:
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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Monday, July 06, 2015 1:51 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] creditor claim "please file"

A first for me in all these years.

Creditors Claim properly prepared and presented, but with lovely cover note
saying " please file the enclosed and return a conformed copy to me in the
SASE"

Really?

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com <http://mkgroutlaw.com> 

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