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

Jim Doran jim at doranlegal.com
Thu Feb 22 11:04:40 PST 2018


Well said, Eric.  Well said.


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Thu, Feb 22, 2018 at 10:56 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *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.
>
>
> *Thomas A. Hackett*
> Attorney | NW Legacy Law Center, P.S.
>
> 360-975-7770 <(360)%20975-7770> | http://nwlegacylaw.com
>
> <http://www.facebook.com/NWlegacylaw>
> <http://www.linkedin.com/in/thomasahackett>
>
>
>
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