[WSBAPT] Rejection of Claim in Probate

[Thomas M. Culbertson]

Are you sure you have to poke the bee’s nest (ie reject the claim)?  The obligation to accept or reject in RCW 11.40.080 applies to “claims presented in the manner provided in RCW 11.40.070” and a late claim isn’t presented in the manner required by RCW 11.40.070.

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Kazemba
Sent: Tuesday, June 16, 2015 10:57 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Rejection of Claim in Probate

Hello All:

A creditor in a probate, BOA, has presented an unsecured claim that is time barred – not even in the realm  of when they should have filed the claim.  Personal Representative wants to reject the claim.

My question for the listerserve is how aggressive is this specific creditor?  The notification of rejection seems the equivalent of poking a bees nest. We have a Petition to Set Aside pending and I wonder if I should wait on the rejection until after that order is entered.

Thank you all in advance.

Best,


David Kazemba
Davitt Law Group, PLLC
330 King Street Suite 4
Wenatchee, WA 98801
(509) 888-2925<tel:%28509%29%20888-2925> - tel.
(509) 888-2926<tel:%28509%29%20888-2926> -fax
david at davittlaw.com<mailto:david at davittlaw.com>
www.davittlaw.com<http://www.davittlaw.com/>


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