[WSBAPT] creditor's claim amount

Mon May 29 15:00:38 PDT 2017

Further comment on this issue:

Marilyn:  You are far more generous with information than the statute says you need be.  All I do is send a copy of the Notice to Creditors, without any information, or any hint that the creditor might, indeed, have a claim, even though the reason that I am sending them the Notice to Creditors is because my client has some information at hand that indicates that a possible claim is in existence.

I would rather that the creditor flounder around and not gain the necessary info within its files in time to file a valid Creditor’s Claim.  That is also why, other than the statutory references that are included in the Notice to Creditors, per statute, I give no info as to what the possible creditor must do to preserve its/his/her rights, nor will I answer any phone calls that come from ANY Creditors, unless I have initiated contact in an attempt to negotiate the amount to be paid.

Along the same line, I know of another probate attorney who tells the story of having sent out a Notice to Creditors to DSHS Office of Financial Recovery, as we are all required to do when a Notice to Creditors is filed.  DSHS filed a Creditor’s Claim for many thousands of dollars in Medicaid, but that amount was only about one-half of the actual amount that records available to the PR indicated was owed.  I don’t think the PR has to let the State know about this error.

I should state that, as an attorney, I well understand that one’s primary duty is to the client, not the State, and there is, of course, no mandatory reporting requirement when the State errs.  I should also note that I feel that protecting is the attorney’s chief duty and not reporting such an error would make me feel that I had done my job for my client.  However, I should also add that, as a taxpayer, I am absolutely outraged at the sloppiness of this important state agency.

Best Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marilyn J Kliman Law
Sent: Saturday, May 27, 2017 1:30 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] creditor's claim amount

Thanks, Sara. I think my equivocation is that the bank as an entity HAS notice– hence their filed claim against the 3 credit cards.  When I send Notice, I never specify the debt – only state “We have information indicating that the decedent may have been indebted to you.” My gut is that it isn’t the PR’s job to say “Whoops…. You missed one.”

No?

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara Longley
Sent: Saturday, May 27, 2017 1:15 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] creditor's claim amount

Hi Marilyn,

The estate is not obligated to send notice, but it sounds as though the bank is an ascertainable creditor and therefore could assert the 24 month claim period if they are not given actual notice.

I am not at my computer so I cannot double check my instinct, but if the line of credit is secured I believe the bank can assert its rights regardless of the probate claim period.

Best,
Sara

Sara D. Longley, JD, LL.M.
1734 NW Market Street
Seattle, WA 98107
(206)434-5644
Sara at Longley-law.pro<mailto:Sara at Longley-law.pro>
________________________________
From: Marilyn J Kliman Law<mailto:marilyn at marilynjklimanlaw.com>
Sent: ‎5/‎27/‎2017 11:43 AM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] creditor's claim amount
Just in case anyone is out there today …..  I am spending way too much time trying to research this.

Decedent left debt to Bank of America for 3 credit cards and line of credit.  Bank of America has filed a claim for the credit cards, but not for the line of credit.  Presumably they filed based on published notice, as we did not send direct notice.  Is PR obligated to send direct notice to the same claimant re: additional debt for the line of credit?

Marilyn J.Kliman
Marilyn J. Kliman Law, PLLC
510 Bell Street
Edmonds, WA 98020
206.499.0993<tel:206.499.0993>
Marilyn at MarilynJKlimanLaw.com<mailto:Marilyn at MarilynJKlimanLaw.com>
www.MarilynJKlimanLaw.com<http://www.marilynjklimanlaw.com/>
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