[WSBAPT] Rejection of Claim in Probate

Tue Jun 16 16:48:23 PDT 2015

Aha!
On Jun 16, 2015 3:32 PM, "David Kazemba" <david at davittlaw.com> wrote:

> 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
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