[WSBAPT] Letters to Known Creditors - Duty to provide account numbers?

[Brent Williams-Ruth]

Thank you Heather!

Sorry for the confusion of the last part. What I was getting at is
11.040.080 - states "The personal representative shall allow or reject all
claims presented in the manner provided in RCW 11.40.070
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>."

Officially, we have not had a claim presented under .070 because nothing
has ever been filed with the court.  The only thing that has come in was
the notice of collection from the collection agency. Thus, I am curious as
to whether I need to officially reject that claim even though they have
never properly filed a claim.

Thank you!
Brent



On Fri, Dec 21, 2018 at 9:18 AM Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

> Brent,
>
>
>
> RCW 11.40.020 merely provides that the Personal Representative may give
> actual notice to creditors who become known, by “serving the notice on
> the creditor or mailing the notice to the creditor at the creditor's last
> known address, by regular first-class mail, postage prepaid”
>
> This is all that is required to limit that creditor to the time period
> provided in 11.40.051 (four months from date of first publication or 30
> days from date of actual notice, whichever is later). I have never gotten
> push-back from a creditor who was provided actual notice (I send a copy of
> our declaration of mailing and/or affidavit of diligence) when we reject a
> claim.
>
>
>
> That said, I generally attempt to include account numbers when I have them
> on notices from creditors. As much as anything, this helps us keep track of
> which creditors we notified and when.
>
>
>
> I am a bit confused by the last bit of your post. You state that no one
> has sent a claim and you want to make sure you didn’t miss something before
> rejecting. If there was no claim, there is nothing to reject.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
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>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Friday, December 21, 2018 8:46 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Letters to Known Creditors - Duty to provide account
> numbers?
>
>
>
> I am helping a PR with an estate where the hospital immediately sent the
> bills of the decedent to collections. That's fine - so we sent notice to
> both the hospital and collection agency when mailing the notice to known
> creditors. However, given how the hospital bills, they opened ten (10)
> different creditor accounts with the collection agency.
>
>
>
> If that collection agency received a direct letter and copy of the notice
> to probate creditors but does not list the various account numbers, is
> there an argument that they should have been given "better" notice?
>
>
>
> My question: Has anyone had push back from a creditor that received the
> notice (as prescribed by 11.40.030) but didn't provide account numbers?
> This isn't an insubstantial debt but no one has sent a claim in accordance
> with the statute and I want to ensure that before rejecting that there
> isn't something missed.
>
>
>
> Appreciate the responses.
>
>
>
> Brent
>
>
>
>
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
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-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Phone: (425) 830-5134

e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
facebook <http://www.facebook.com/bwrconsults>
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