[WSBAPT] Good to Go as Creditor

[Eric Nelsen]

I agree, no duty to notify even known creditors, if not publishing a Notice to Creditors. RCW 11.40.020 clearly states the PR "may" give notice--optional--and specifies procedure "If notice is given." And two-year bar under RCW 11.40.051 clearly still applies because the statute begins, "Whether or not notice is provided under RCW 11.40.020..."

Re Good to Go, I think you need to dig deeper. The bill is created via video ID of the car, so assuming no error in identification, somebody must have driven the car over the bridge after DOD. If the car belonged to the Estate at the time, the bill is not subject to the creditor claim process so it's most likely an Estate administrative bill and should be paid.

But--isn't it about $8? Just pay the dang thing. You could spend less time collecting that much spare change from the sidewalk, than you'd spend in attorney/PR time figuring it out. If it's really that big a deal, then the PR should do a public records request or otherwise get verification that it indeed was the Estate car that crossed the bridge--and then find out who drove it.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040





From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com
Sent: Monday, July 20, 2015 2:16 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Good to Go as Creditor


Hello~



I have a probate where it was the best course of action to open a probate but not publish notice to creditors. (The reason being that there was a Deed in the name of the decedent that needed to be transferred pursuant to a divorce decree, but otherwise the estate is worth 30K. The estate is to be held in trust for the decedents son until the son turns 25, four years from now. There may be a lot of creditors. Everyone agreed to wait out the two year statute of limitations).



First Question: Am I correct that for creditors we know of, because we are willing to wait out the two year statute of limitations, we have no obligation to notify them of the probate or the death?



Second Question: Good to Go (toll booth) has sent a bill to the deceased and is threatening to send more bills. The date of the toll fee is after the decedent's death, the car has since been sold, and we do not have anyone coming forward saying it was their trip through the toll booth instead of the decedent's. My Personal Representative sent Good to Go a copy of the death certificate and Good to Go sent back a denial of the dispute. My Personal Representative is very bothered by this, but I hate to bring to their attention that we have an open probate. Has anyone dealt with Good to Go who can advise me?



Amanda Wilson



Amanda M. Wilson, esq.



Olympic Peninsula Law Offices, LLC

1240 W. Sims Way #115

Port Townsend, WA 98368



(360)437-4172 office

(206)331-7851 cell phone



"Your words are the greatest power you have. The words you choose and their use establish the life you experience."
-Sonia Croquette
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