[WSBAPT] Claim in probate/ Creditor opening a probate

[Eric Nelsen]

I like Mark's point--I didn't think about that fact pattern. Is this truly a written agreement that says payment for services due on death of the party? I do think it would be enforceable though, because it's not a gratuitous transfer but rather payment for services rendered. The fact that the due date is "on death" is unusual but I don't think it removes it from the realm of contract enforcement.

Seen from that perspective, I'd argue it's also subject to the creditor claim statute. It's a contract entered into during life of the decedent, even if technically does not come due until later.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
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Seattle WA  98144-3909
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Vohr
Sent: Wednesday, January 25, 2017 3:10 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Claim in probate/ Creditor opening a probate

I think there is a threshold question.  Is PC a creditor for the purposes of the creditor claim statute?   Given this is not a debt which could have been enforced against the decedent during lifetime, It seems reasonable to take the position it is not subject to the creditor claim statute.  The next question is whether it is enforceable post death when it does not meet the requirements for a validly executed will.

Mark



Ohana Fiduciary Corp.
Ohana Financial Services

Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>




From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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,

--

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Best regards,



Setareh Mahmoodi

Attorney at Law

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