[WSBAPT] Claim in probate/ Creditor opening a probate

Wed Jan 25 15:51:18 PST 2017

Thank you all for your responses. Mark, I thought of that as well. However,
there is a Will, unclear whether or not it mentions this contract, but
contract seems to have all components of a valid contract (have not seen it
yet). I would argue the same points as Eric.

The "due on death clause" is because the decedent lacked liquidated assets,
but had plenty of properties or other assets that could be liquidated after
his death. The contract was for caregiver services received by the decedent
in the years prior to his death.

Thanks,

On Wed, Jan 25, 2017 at 3:26 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
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> phone 206-625-0092 <(206)%20625-0092>
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> fax 206-625-9040 <(206)%20625-9040>
>
>
>
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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      www.ohanafc.com
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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 <(206)%20683-1006> or email before
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>
>
>
> *Setareh Mahmoodi *
>
> *Attorney at Law *
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-- 

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/ <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.
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