[WSBAPT] Creditor requesting me to file its cred claim

[Douglas Bratt]

Let them know that by the act of your doing something to, essentially, represent the Creditor by the filing of the Creditor’s Claim is an inherent conflict of interest between the creditor and the Personal Representative, and contrary to the ethical rules.  In addition, tell them that if you should somehow screw up the filing of the Creditor’s Claim, that might give rise to a malpractice claim against you by the Creditor, and that is another reason why you cannot help them. (Put tongue firmly in cheek at this point.)

Or, instead of offering any explanation as to why you cannot/will not do them a favor, simply write the word “NO” in big letters on their request letter and throw it into their envelope back to them, without sending their Creditor’s Claim back to them.  ( I presume they included postage on their envelope addressed back at them.)

Hopefully, the letter explaining why you cannot assist them, or the NO letter, discussed above, can go out in the mail about 3 months and 29 days after the first date of publication of the Notice to Creditors.  But wait, would not your receipt of the Creditor’s Claim give rise to that creditor attaining the status of a reasonably ascertainable creditor, discovered within the four month period, and deserving of actual notice by the mailing of the Notice to Creditors to them?  Does knowledge that you gain of the existence of the creditor attach to the Personal Representative, triggering the “actual notice” portion of the Creditor’s Claim statute?  Maybe that is what Jane Bitz was suggesting, below.

Doug Bratt


Douglas J. Bratt
Lawyer

[Envelope scaled Terry]

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Wednesday, March 22, 2017 5:12 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Creditor requesting me to file its cred claim

Maybe reply by re-sending the Notice to Creditors?
Jane Bitz.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Wednesday, March 22, 2017 4:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Creditor requesting me to file its cred claim

Crazy, huh?  Just received Cred Claim with cover letter requesting this office to please file and provide them a conformed copy.  Well of course not.  I’m inclined to ignore it, but since don’t want to allow any possible argument that they relied on us to do this, would anyone write back and say no?

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com<http://mkgroutlaw.com>

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