[WSBAPT] Creditor's Claim Against an Estate Passing Through a Revocable Living Trust

Eric Reutter eric at appelgatereutter.com
Tue Feb 14 12:59:27 PST 2017


Hello and good afternoon,

I have a quick question that is more procedural than it is legal. Potential
client is a creditor against a decedent's estate. Decedent's assets were
held in a revocable living trust.

I am familiar with RCW Ch. 11.42, which is the creditor claims procedure
for nonprobate assets. I understand that, to make a creditor's claim
against an estate passing without probate, I follow the same procedure as
when filing a creditor's claim in a traditional probate (mailing the claim
to the notice agent).

Here is my question, however: *what is the procedure for making a
creditor's claim against a trustee of a revocable living trust?* RCW Ch.
11.42 describes the "notice agent" as the person who followed a creditor's
claim procedure or who gave an oath in a court matter to be the notice
agent. In my case, I do not believe the trustee filed a notice to
creditors.

The specific question, therefore, i, *if I can find out who the trustee is,
do I simply follow standard creditor's claim procedures and mail the
creditor's claim to him/her?* Am I missing any nuances that are different
when the assets where held in a revocable living trust?

Any insight would be greatly appreciated.

Best regards,


*Eric Reutter, *Partner
*J.D., LL.M. Taxation*
14205 SE 36th Street, Suite 100
Bellevue, WA 98006
*(425) 298-7110* | *appelgatereutter.com <http://appelgatereutter.com/> *



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