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

[Setareh Mahmoodi]

I, too, am representing a creditor with a claim against the estate in a
somewhat similar situation. In the beginning, a probate was not opened, and
there were rumors of a trust. So we had planned on opening a probate as a
creditor to resolve the issue. All my research pointed to that being the
best method. Suing the trust seemed to be more work and more problematic,
but then the decedent's heirs opened a probate themselves admitting the
pour over will and publishing notice, so made my life easier, since now I
can just present the claim in the probate.

I think opening the probate as a creditor might be a good option especially
if you can't find information on the trust/trustee. Please do share what
you end up finding out and the course of action you take for future
reference.

Setareh

On Tue, Feb 14, 2017 at 2:18 PM, Marcus Fry <mfry at lyon-law.com> wrote:

> 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 <(425)%20298-7110>* | *appelgatereutter.com
> <http://appelgatereutter.com/>*
>
>
>
>
>
>
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-- 

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*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

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