[WSBAPT] Rejected creditor's claim and sue PR

[Mark Higgins]

Dalynne--Sounds like there is no debt of the decedent here, so therefore
there could be no valid "creditor's claim" within the meaning of the
creditor's claim statute.  Sounds like this is simply a not-so-good claim
against the Estate rather than a creditor's claim, so I would think TEDRA
would apply.

Mark​

On Fri, Oct 30, 2015 at 11:40 AM, Dalynne Singleton <
dalynne at singletonlawgroup.net> wrote:

> I rejected a creditor’s claim and provided the rejection to the creditor.
>
> The statute says – must sue Administrator within 30 days.
>
>
>
> My question is this:  Would this be a suit filed within the probate in the
> form of TEDRA?  If yes, then fees/costs for defending against creditor
> would be awarded to the Administrator?
>
>
>
> I anticipate this creditor who is an attorney of the decedent’s father to
> claim fees incurred by the father to attempt to settle on behalf of the
> deceased son.  Problem with claim is father/attorney did not open Estate of
> deceased son and father was felon so not eligible to serve as
> Administration.  I was hired by mother of deceased son to open probate,
> appoint her as Administrator and settle wrongful death and tortfeasor
> claims, which I did.  Now father’s attorney wants fees for work he did
> before Estate was opened – claiming 1/3 of one of the settlements with
> tortfeasor’s insurer.  My argument against claim is (1) he did not
> represent Estate and did not have authority to make claim/settle; (2) his
> fees should be paid by his client, father.  His client was not the Estate.
> This attorney has created more work in the Estate defending his claims,
> which the mother has been paying my fees.
>
>
>
> My research says he did not incur fees on behalf of the Estate so they
> should not be paid by the Estate.
>
>
>
>
>
> *Dalynne Singleton*
>
> [image: SingletonLawGD27aR04aP02ZL-Johnson4a_mdm]
>
> 3215 NW Lowell Street, #161
>
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>
> Phone: 360-329-4079
>
> Fax:     360-443-1259
>
> E-mail: dalynne at singletonlawgroup.net
>
> Web:    www.singletonlawgroup.net
>
>
>
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-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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