[WSBAPT] Notice to Known Creditors in Estate w/o Non-Intervention Powers

[Eric Nelsen]

I tend to be draconian on this point and generally never supply additional information to a creditor. And I agree, the deadline to file a creditor claim is not tolled so long as the statutory notice has been provided.

My attitude is, if an organization is big enough that it can't track its relationship with the decedent, then it deserves no accommodation beyond what is statutorily required. That is how the process works, and for big organizations it's only money as far as they are concerned. If they can't be bothered to track matters sufficient to protect their legal interest, I am not bothered by allowing the statutory process to bar their debt.

Obviously this never happens with small business creditors, personal loans from friends and family members, etc. Because they know the decedent and they have no confusion about who has died. It's only banks, credit cards, collection agencies, and the like who end up barred in these circumstances.

In terms of the PR's duties, I think the PR's duty is to provide the statutory notice and no more. There is no duty to provide more information to a creditor.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Hackett
Sent: Thursday, February 22, 2018 10:30 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Notice to Known Creditors in Estate w/o Non-Intervention Powers

Listmates-

I have a question on creditor notices to known creditors. PR was appointed w/o non-intervention powers. We published notice, then sent notice per RCW 11.40.030 to known creditors 90 days later. One of the creditors responded to our notice that "Can not process or verify without the patient's date of birth." We did include the reference number for the invoice from this creditor in our cover letter to the creditor.

Do we have any obligation to provide the decedent's date of birth to this creditor? I don't think this request by the creditor tolls the 30 day period for the creditor to make the claim provided we complied with RCW 11.40.030.

Interested to know others experiences and insights on this situation. Thank you in advance.

[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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