[WSBAPT] Good to Go as Creditor

Mon Jul 20 18:13:59 PDT 2015

I agree with Heather. As a practical matter, creditors are likely to find out within the 24 month limitations period. I also question whether the personal representative is fulfilling his or her duty by trying to preserve the estate for the son’s benefit. I have never researched this issue, but the Estate Planning Council’s Fiduciary Handbook says that the personal representative “owes a duty to the creditors of the estate so that all valid claims are paid to the extent assets are available.” If this is correct, the PR is potentially protecting the estate assets while opening herself up to personal liability for the decedent’s debts.

John Creahan
john at cairn-law.com<mailto:john at cairn-law.com>
1325 4th Ave., Suite 940
Seattle, WA 98101
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, July 20, 2015 2:45 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Good to Go as Creditor

I suspect that opening probate alone might trigger action by some creditors. Either the estate is solvent or it isn’t, and if it isn’t, there are additional duties imposed on the Personal Representative. If claims are made, they will need to be addressed. There is no affirmative obligation to notify creditors if you aren’t publishing, but my experience is that they figure out what is going on when they call and someone lets slip that there is probate, or when they hire a collections company that knows what they are doing.

My experience is that Good to Go has a process, and they will send to collections if they don’t get paid and don’t agree with your dispute of the bill.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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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 amanda_wilson at olypenlawoffices.com<mailto: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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