[WSBAPT] Notice to Creditors

[Krista MacLaren]

Hi Folks,

I am looking for two things:

1)  The proper address to mail the notice to creditors to WA DOR in the case decedent ran his own business.  The DOR has a list of multiple addresses and their purpose, but the only one relating to estates specifically is Estate Tax section.  I am thinking I am sending notice not because I expect him to owe estate taxes, but in case he owes back business taxes of any kind. Is that the purpose of the notice to DOR?  The statute, RCW 82.32.240, makes me think maybe I should notify DOR in every estate, not just where decedent ran his/her own business.

My other question is: In order to bar creditors after 4 months, I always publish notice and send it to all “reasonably ascertainable” creditors, but I get hung up on whether if, say decedent had a phone line, and heirs contact the phone company and they pay the “final” bill, then would the phone company still be a reasonably ascertainable creditor?  I have always treated it as such, providing actual notice even though the heir was told the account was paid, in case of a record keeping error or whatever, I figured if decedent had an account with the company, they are a potential creditor.  Is this overkill?  My clients often find this non-sensical.  I always feel that if we are going to go to the trouble and expense of publishing and providing actual notice to certain creditors, we should send it to every conceivable creditor.

Thank you for any thoughts.

Krista

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 mac.com

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