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

[Felicia Value]

I agree with Eric's approach described below.

Here's how I look at it:  If I do any work beyond the statutory 
requirement to make things easier for a creditor,  I'm working against 
the interests of my client.  And I'll wind up either charging my client 
for the time I spent helping out a party with interests adverse to my 
client's interest (which is not OK),  or I'll work for free for the 
creditor (which is not OK).

Regards,

Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

On 2/22/2018 10:56 AM, Eric Nelsen 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
>
> 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.
>
>
> 	
>
> *Thomas A. Hackett*
> Attorney | NW Legacy Law Center, P.S.
>
> 360-975-7770 | http://nwlegacylaw.com <http://nwlegacylaw.com/>
>
> <http://www.facebook.com/NWlegacylaw> 
> <http://www.linkedin.com/in/thomasahackett>
>
>
>
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-- 
Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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