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

[Marcus Fry]

One of two options: Move to open up a probate as a creditor.  Or sue the trust.  The trust is a separate entity and unless the nonprobate claim procedure is followed, there should be no bar to suit.  I would be interested in anyone who has actual experience with this because I have a case that just walked in the door similar to the one below on my side of the mountain.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Yakima, WA.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Reutter
Sent: Tuesday, February 14, 2017 12:59 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Creditor's Claim Against an Estate Passing Through a Revocable Living Trust

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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