[WSBAPT] Rejection of Claim in Probate

Tue Jun 16 15:42:15 PDT 2015

David,

I haven’t had that experience with BoA.  I have had some reasonably pleasant conversations with their representatives.  I have asked for more information, was promised it, did not receive it, and did no more.  Even with a fairly large amount at stake they haven’t been aggressive (unless you count three calls as aggressive).

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Kazemba
Sent: Tuesday, June 16, 2015 3:31 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Rejection of Claim in Probate

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
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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<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<mailto: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
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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<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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