[WSBAPT] Old Creditor Claims

[Jayne Gilbert]

The filing of a Creditor's Claim does not toll the Statute of limitations.
Tolling occurs when the (separate action) is commenced. see RCW 4.16.200;
RCW 11.40.051(2); RCW 11.40.080

On Wed, Dec 14, 2016 at 5:14 PM, Sara D. Longley <sara at longley-law.pro>
wrote:

> Listmates,
>
>
>
> This is a new situation for me.
>
>
>
> Clients opened probate in 2010.  Several creditor claims were filed within
> the 4-month period after publication of the Notice to Creditors.  No
> rejections were ever filed with the court per RCW 11.40.100(1), but I don’t
> believe the claims were ever formally allowed and no payment was ever made
> by the estate.  The creditors have apparently done nothing since 2010; no
> Petitions to Allow were ever filed per RCW 11.40.080(2).  The probate is
> still open.
>
>
>
> Now, of course, the 2-year period since death has long since run.  Are the
> creditor claims, once timely filed, kept alive by the pendency of the
> probate?  Must they still be formally rejected at this point (more than six
> years after death)?  My reading of the statute says yes, the claims are
> still valid so long as probate is open and the PR still has a duty to deal
> with them.  But I would be interested to hear from attorneys who have been
> here before.
>
>
>
> Thanks for sharing your expertise and experience!
>
>
>
> Best,
>
> Sara
>
>
>
> [image: cid:image001.jpg at 01D1F8A6.19C81E60]
>
> Sara D. Longley, J.D., LL.M.
>
> Attorney at Law
>
>
>
> 1734 NW Market Street
>
> Seattle, WA 98107
>
> (206) 434-5644
>
> Sara at longley-law.pro
>
> www.longley-law.pro
>
>
>
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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