[WSBAPT] petition to allow cred claim?

[Randolph Petgrave]

Melinda, 

There really would be no purpose in bringing suit if the claim was truly untimely as it would be dismissed immediately on jurisdictional grounds. 

Was the claim truly untimely? Is there some argument to be made that the client was entitled to extended filing time (e.g. If the client was a reasonably ascertainable creditor and did not receive actual notice, the claim presentation time extends to 2 years post death.)?

Randy



Sent from my iPhone

> On Jan 11, 2017, at 4:44 PM, Heather deVrieze <heatherd at westseattlelaw.com> wrote:
> 
> Was the client a reasonably ascertainable creditor? Was he provided direct notice? If the answer to the first question is yes, and the second is no, might have a claim. Later of 40 months or 30 days after direct notice. 
> 
> My only thoughts.
> 
> Heather
> 
> 
> Heather S. de Vrieze
> Attorney-at-Law
> de Vrieze | Carney PLLC
> 3909 California Avenue SW
> Seattle, WA 98116-3705                          
> (206)938-5500 
> heatherd at westseattlelaw.com 
> www.westseattlelaw.com 
> 
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> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
> Sent: Wednesday, January 11, 2017 3:53 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] petition to allow cred claim?
> 
> Reality check, please.  Client informs me he was told by an attorney that he should petition the court to try to overturn the rejection of his creditors claim that appears to have been properly rejected due to the statutory period having run.  Client did not properly file his creditor claim in time, and a notice of rejection was timely provided to the client shortly thereafter.
> 
> What would be the purpose in bringing suit against the PR in this scenario?  I would be happy to learn something here.  Maybe my brain is just not reading the statutes correctly this late afternoon?
> 
> Thanks.
> 
> 
> 
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