[WSBAPT] Old Creditor Claims

[Mark Vohr]

Under the statute, the PR has the duty to formally reject.  However, any applicable statute of limitations on the underlying claims still apply.

Mark



Ohana Fiduciary Corp.
Ohana Financial Services

Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>




From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Wednesday, December 14, 2016 5:15 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Old Creditor Claims

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

[cid:image001.jpg at 01D1F8A6.19C81E60]
Sara D. Longley, J.D., LL.M.
Attorney at Law

1734 NW Market Street
Seattle, WA 98107
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