[WSBAPT] Claim in probate/ Creditor opening a probate

[Dalynne Singleton]

I’ve opened several probates on behalf of creditors and it is pretty simple process to open probate, provide notice to heirs and have hearing on getting a probate opened.  The filing of the Petition usually prompts the PR to open the probate and get appointed OR at least a response and appearance at the hearing.  In other words, gets the ball rolling.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[Eagle2017BadgeSmall]  [Rated by Super Lawyers] <http://www.superlawyers.com/redir?r=http://www.superlawyers.com/washington/lawyer/Gary-Manca/ca059d21-1b6e-4fca-b396-80c253f82402.html&c=email_Small_badge&i=ca059d21-1b6e-4fca-b396-80c253f82402>      [cid:X.MA1.1404868472 at aol.com] [cid:image001.png at 01D0DB60.FF4B9070]

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Wednesday, January 25, 2017 2:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Claim in probate/ Creditor opening a probate

Hello,
PC has a signed and notarized contract from deceased for a large sum payment due upon death for services provided over the years. It has been a few months since the date of death and no probate opened. Seems like the heirs don't get along. Apparently there is a will. There may or may not be an attorney hired by the PR. According to PC decedent had large sum of assets.
If a probate is filed the only requirement is to bring a claim under 11.40.070 within four months of publication and should be entitled to payment if estate is solvent.
How about if a probate is not opened and the named PR refuses to open one or pay the claim, I know under 11.28.120 a creditor may open a probate. Has anyone done this before that can give some helpful tips?
Thoughts? Suggestions?
Thanks,

--

Please always call 206-683-1006 or email before dropping by the office as I could be in court or meetings. Thanks!

Best regards,



Setareh Mahmoodi

Attorney at Law

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Cell: 206-683-1006

Fax: 425-489-4142 (Please email documents if at all possible)

Website: http://www.lawofficesofsm.com/



CONFIDENTIALITY NOTICE: This email message and any attachments is a transmission from the law firm and is intended for the recipient only.  It may contain information that is confidential and legally protected by the attorney-client, work product and/or other privileges.  If you are not the designated or intended recipient, please destroy the message without disclosing any of its contents and notify us immediately by reply email or by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170125/1db37583/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4835 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170125/1db37583/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170125/1db37583/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 5524 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170125/1db37583/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 11481 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170125/1db37583/image004.png>