[WSBAPT] Responding to Improperly Presented Probate Creditor Claims

[Randolph Petgrave]

If the claim is not timely presented it is barred. You still have to formally reject and advise of right to bring suit, but I always include a cover letter pointing out the defect and providing the critical timeline info. Most sophisticated claimants won’t pursue further as they know their suit would be dismissed (with possible CR11 consequences).

Regards,
Randy

Sent from my iPhone

On Aug 8, 2018, at 4:05 PM, Josh Grant <jgrant at accima.com<mailto:jgrant at accima.com>> wrote:

If the problem is not timely sending it to me and when nothing is filed in court, I generally write the alleged creditor a brief letter pointing out that it wasn’t timely presented and if it is filed it will be rejected.
When an untimely filing in court occurs, I generally reject them so there is something of record showing that response., and so that the argument can not be made “if not rejected timely it is deemed approved”.  I never have had a creditor file the lawsuit within 30 days, after I filed a rejection.

Joshua F. Grant
<advocates[3].png>
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Thomas Hackett<mailto:thomas at nwlegacylaw.com>
Sent: Wednesday, August 08, 2018 3:39 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Responding to Improperly Presented Probate Creditor Claims

Listmates:

For improperly presented creditor claims, is formal rejection necessary? RCW 11.40.080(1) requires the personal representative to reject or allow a claim " in the manner provided in RCW 11.40.070." We've got two separate instances where claimants either failed to file the claim with the court or the claimant failed to serve or mail the claim on the PR/PR's attorney. And on both of these the claimants were known, provided notice, and publication was made per statute

When the PR rejects a properly presented claim, the claimant has an opportunity to object to the rejection. Cloud v. Summers makes it clear that claimants must strictly adhere to the statute when presenting the claim.

I understand the PR's duty is to reject or accept "properly presented" claims.

This raises an interesting question: if you reject an improperly presented claim, does this provide the claimant with the opportunity to object? Or is it better practice to ignore the improperly presented claim?

Thanks in advance for your insights.

[https://docs.google.com/uc?export=download&id=0B-SxUq1b3OJKWTdxRWo3ZThmaGs&revid=0B-SxUq1b3OJKNVVIcDZreEwxdGNIb1Q5VDRDU0RrUTVoL2E4PQ]

Thomas A. Hackett
Attorney | NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com<http://nwlegacylaw.com/>
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