[WSBAPT] Rejection of Probate Claims

[David Faber]

I am in agreement with Eric's approach. Sending a short letter of
explanation as to the rejection of the "claim" (though it is not a valid
"claim" under RCW 11.40.070) can help prevent the estwhile creditor from
continuing to hound your client (or your office) and, to the degree you
might be practicing in a smaller community (which you appear to be
practicing in neighboring Clallam County), serves the ancillary purpose of
preserving your professional reputation.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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On Tue, Oct 3, 2017 at 8:42 AM, Amy Goertz <amyjgoertz at icloud.com> wrote:

> No - there is no “claim” to reject as it was not properly presented per
> 11.40.070. By rejecting the claim, the creditor may then believe that they
> have a right to bring suit on the rejected claim and then you have a whole
> new can of worms. I usually send a letter stating that the claim period has
> passed and they did not bring a claim, and that further action on it
> purported debt against the PR or decedent’s family would be reported to the
> proper agencies.
> RCW 11.40.070
>
>
>
> *Amy J. Goertz, J.D.*
> *Goertz & Lambrecht PLLC*
> amyjgoertz at icloud.com
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> On Oct 3, 2017, at 8:11 AM, Jeff Davis <jeff at bellanddavispllc.com> wrote:
>
>
> Listmates:
>
> Probate was open in early 2017.   Notice to creditors was published.   A
> collection company was provided actual notice for several known accounts.
>  It never filed a creditors claim.  However, it did send a letter to the
> personal representative outlining the outstanding amounts owed which where
> all below $300.00.  The claims period has long past.  Given that no
> creditor’s claim was filed with the court is there any need to reject the
> claims?
>
> Jeff Davis
>
>
> W. Jeff Davis, Esq.
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129 <(360)%20683-1129>
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