[WSBAPT] Creditor requesting me to file its cred claim

Sat Mar 25 15:04:34 PDT 2017

Melinda,

I did not know that you were involved in the probate in any other capacity.
I assumed this was a random letter or request you received, which is why I
thought it was odd. I have previously received such requests especially
from Florida based creditors for some reason.   I would agree with Josh's
response if you are in fact involved in the probate in any other capacity
(assuming you are representing the PR) as it would obviously be a conflict
of interest. I would be hesitant to give any legal advice or directions on
how to properly present their claim as it may be an ethical issue for you.
The "no" written on top seemed to be a good solution.

Setareh

On Wed, Mar 22, 2017 at 5:44 PM, Douglas Bratt <djbratt at mbavancouverlaw.com>
wrote:

> 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
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.w
> sbarppt.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.w
> sbarppt.com <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>
> *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
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> Emphasizing Estate Planning, Probate, and Elder Law
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