[WSBAPT] Notice for Family Support Award/Homestead Exemption

[James W. Spencer]

Hi Bryan:

Just to make sure we're on the same page, RCW 11.54.080 points towards 11.96A.110 as to notice requirements, which refers to "parties". "Parties" is defined under 11.96A.030(5) to include "[a] creditor" and "[a]ny other person who has an interest in the subject of the particular proceeding". "Persons interested" is defined in 11.96A.030(5).

I think best practice is to identify the creditors and any other "persons interested" and provide notice liberally. I tend to default to providing notice if there is any reasonable question.

In this case, however, your satisfied creditors should not need notice, nor any creditors who have had their claims rejected (provided that the rejection comported with RCW 11.40.100, and thirty days have passed). Untimely claims are barred by statute (though funny thing is that these late filers are often the noisiest from my experience), so I do not believe notice would be required for anyone who filed outside the 4 month window, as long as they were properly provided notice in the first place (if they were ascertainable).

I would look forward to others' input on this too, but this is how we've handled it in the past with success.

Best wishes,
James

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Bryan A. Wichert
Sent: Thursday, December 28, 2017 8:37 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Notice for Family Support Award/Homestead Exemption

Good Morning All,

I am taking my first crack at an 11.54 petition, but need some clarification on who is entitled to notice-specifically which types of creditors. In this probate, I'm dealing with the full spectrum (i.e., creditors who filed creditors' claims which have not been paid; creditors who filed creditors' claims which have been paid; and creditors of who failed to file creditors' claims within the 4 month notice period).

The cautious side of me wants to notify everyone, but it seems like overkill. Any insight would be greatly appreciated.

Very best,

Bryan A. Wichert  |  Attorney
Sanchez, Mitchell, Eastman & Cure, PSC
4110 Kitsap Way, Suite 200 | Bremerton, WA  98312
T 360.479.3000 | F 360.479.3983
baw at spinnakerbldg.com<mailto:baw at spinnakerbldg.com>

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