[WSBAPT] Creditor's Claim not filed with Court

[Sara D. Longley]

My reading is that the statute clearly allows the PR to waive defects but certainly does not require them to do so.  And a large company with a legal department has no excuse for not properly filing the claim, IMHO.  I can’t see a court requiring the PR to ignore the law.

 

That said, you will also want to make sure the full four month period has also passed.  Creditors have until the *later* of four months from publication or 30 days after actual notice.

 

Sara

 



Sara D. Longley, J.D., LL.M.

 

LONGLEY LAW PLLC 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Friday, May 11, 2018 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor's Claim not filed with Court

 

Greetings - 

 

I have a PR, that gave actual notice to a creditor, mailed on April 9, 2018 and stamped received on April 12, 2018.  As of this date, the creditor has only sent an email and a US Mail notice of payment recovery but has not, as of today, filed the claim with the Court. 

 

The estate is small and there are other creditor's claims that were properly filed with the Court that have reduced the residual to an even smaller amount.  The PR (who is also one of three beneficiaries) would like to reject the claim for failing to properly file the claim within 30 days of receiving notice.  Reading through RCW 11.40.70 it clearly states that notice needs to come to the personal representative AND be filed with the Court. 

 

My question really relates to 11.40.070(4) - the waiver of defects, where it says that if written notice was provided the PR may elect to treat the claim as properly filed. 

 

Do Courts expect PR's to waive the defect of not filing the claim? This is a large insurer with a subro department that is seeking money for a claim that they paid out for their insured (and before you ask, my decedent was driving around without insurance for the last couple years of his life) and now want to recover from the Estate. 

 

Thank you for your responses. 

 

Brent

 

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Brent Williams-Ruth 
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

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

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