[WSBAPT] creditor claim

Tue Jun 14 15:56:30 PDT 2016

Thank you both, Josh and Donna.  They sent a copy to the friend who got the order to open the safe deposit box, but she was not the PR and no one had been appointed at that time.  I wasn’t sure when the “probate” was officially a probate, but it makes sense that it commenced when we paid the filing fee in Seattle and the PR was appointed.  

Thank you!

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206) 523-6116
kjm.inc at me.com

> On Jun 14, 2016, at 3:41 PM, Josh Grant <jgrant at accima.com> wrote:
> 
> I agree with Donna.  I didn't understand that they never timely sent the claim to the PR.  Reject it on that basis.
> 
> -----Original Message----- From: Donna Calf Robe
> Sent: Tuesday, June 14, 2016 3:27 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] creditor claim
> 
> Krista,
> Per RCW 11.40.070(3), "the claim must be presented within the time limits set forth in RCW 11.40.051 by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.
> 
> The probate wasn't opened until you initiated the action in SEA and the PR was appointed.  The probate matter was filed in SEA which is where the claim needed to be filed.  I'm assuming the creditor didn't mail the PR a copy of the signed claim either.  I would argue the claim was not properly filed or presented and is therefore not valid and the PR doesn't need to pay it.
> Donna
> 
> Donna M. Calf Robe
> Attorney at Law
> DUSSAULT LAW GROUP
> 2722 Eastlake Ave. E., Ste. 200
> Seattle, Washington 98102-3143
> Phone (206) 324-4300, extension 113
> FAX (206) 324-3106
> donnac at dussaultlaw.com
> 
> The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender, and are not to be attributed to the Dussault Law Group. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
> 
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
> Sent: Tuesday, June 14, 2016 2:56 PM
> To: wsba probate & trust
> Subject: [WSBAPT] creditor claim
> 
> Hi Folks,
> 
> I have a creditor claim scenario I have never contemplated before.  When decedent died, her best friend attempted to handle many of the immediate issues that needed attention before obtaining legal advice.  As part of that, she got an order from the King County Superior Court in Kent to have a safe deposit box opened to check for a will.  No will was found.  Later, she and the family contacted me to assist them in opening a probate, with no mention made of the Kent court action.
> 
> I opened probate in the Seattle KCSC and issued notices to creditors, including a credit union with whom the decedent had a credit card.  Credit Union did not file a claim under the Seattle cause number, but they had already filed a claim under the Kent cause number (before I had sent the Notice to Creditors).  I don’t know how they even knew about the Kent cause number.  I only learned of it because I was out of the office and wanted to check the court file, but didn’t have the cause number, so I did a case search online and found two separate cause numbers.  When they received the Notice to Creditors that I sent, they did not file their claim under the Seattle cause number.  They may not have noticed the cause numbers were different and just figured they had already filed their claim.
> 
> Now the creditor claim period has passed, and I am wondering whether we must pay them, whether we should not pay them, whether this is a defect that the PR may waive - ?  The estate is quite small and the claim is around $7,000. The PR just wants to do what is appropriate, and has no special interest in avoiding payment, but does want to protect himself from accusations of wrongdoing.
> 
> Thank you for any suggestions!
> 
> Krista J. MacLaren
> Attorney at Law
> Northgate Executive Center II
> 9725 3rd Ave NE, Suite 600
> Seattle, WA 98115
> (206) 523-6116
> kjm.inc at me.com
> 
> 
> 
> 
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt 
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt