[WSBAPT] Old Creditor Claims

[John J. Sullivan]

I'm doing this without the benefit of refreshing my research, but I seem to recall there was a case earlier this year holding  that while filing the claims avoids the two year bar in private it does not stop the otherwise applicable SOL of the underlying claim from running. Six years out that should be a problem for most claims. 

John Sullivan

Sent from my iPhone

> On 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
>  
> <image003.jpg>
> Sara D. Longley, J.D., LL.M.
> Attorney at Law
>  
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> Seattle, WA 98107
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