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

Thu Feb 22 12:33:24 PST 2018

Keep in mind that communicating back with their requests opens the door to them going to the court and claiming your notice was deficient, inaccurate or interpreted as a waiver of the time period.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Randolph Petgrave
Sent: Thursday, February 22, 2018 12:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice to Known Creditors in Estate w/o Non-Intervention Powers

The PR has a fiduciary duty to pay all just debts and claims against the estate that are properly presented.  The duty does not attach until the potential creditor presents the claim in the proper format, in a timely manner, by both filing the claim with the court and serving it on the PR or the estate’s attorney.  If the potential creditor does meet the statutory requirements for presenting the claim under RCW 11.40, the PR is under no duty to assist, and doing so may prejudice the interests of the beneficiaries and possibly creditors.

Since you presented sufficient information to identify the decedent, I don’t see where the PR should provide any additional information.  If the potential creditor does not present the claim in a timely manner, then you can reject it under RCW 11.40.100.

Be cautious in any communications on the matter with the creditor.  You do not want to fall afoul of the RPCs regarding communications with unrepresented parties.  

Randy

Petgrave & Petgrave, PLLC

Attorneys at Law

1001 4th Avenue, Suite 3200

Seattle, WA 98154

Direct:   (206) 240-9148

Fax:        (206) 232-4483

From: wsbapt-bounces at lists.wsbarppt.com <mailto: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 <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
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.

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