[WSBAPT] Rejection of Claim in Probate

Tue Jun 16 15:30:40 PDT 2015

A Petition to Set Aside Property to the Surviving Spouse.

We have published, sent a letter, and I spoke to a representative.  In
light of all that I was marveling at the requirements of RCW 11.40.100.

My question was whether I  had an aggressive creditor who would fight me
regardless of whether I was holding on the claim or rejecting the claim.
Depending on the answer to that question and the amount of money at issue
(not even worth paying an attorney for) I would move forward with rejection
knowing we had done everything that was required of us.

Thank you for your help.

Best,

David

David Kazemba
Davitt Law Group, PLLC
330 King Street Suite 4
Wenatchee, WA 98801
(509) 888-2925 - tel.
(509) 888-2926 -fax
david at davittlaw.com
www.davittlaw.com

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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Katharine P. Bauer
*Sent:* Tuesday, June 16, 2015 3:08 PM
*To:* WSBA Probate & Trust Listserv
*Subject:* Re: [WSBAPT] Rejection of Claim in Probate

Petition to set aside what??  Amount of claim?

I will often send a letter so the collections people don't get involved.
If they failed to preserve their claim, they have to try to collect or give
up....it should be a slam dunk if all the steps were followed...

On Tue, Jun 16, 2015 at 3:00 PM, Thomas M. Culbertson <
tculbertson at lukins.com> wrote:

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

*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.
(509) 888-2926 -fax
david at davittlaw.com
www.davittlaw.com

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Katharine P. Bauer

Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com

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