[WSBAPT] Creditor's Claim not filed with Court

[Brent Williams-Ruth]

Date of first publication was January 9, 2018.  So my calculations put the
end of the four month period as May 9, 2018.



On Fri, May 11, 2018 at 11:32 AM, Sara D. Longley <sara at longley-law.pro>
wrote:

> 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
>
>
>
> [image: cid:image001.jpg at 01D1F8A6.19C81E60]
>
> Sara D. Longley, J.D., LL.M.
>
>
>
> LONGLEY LAW PLLC
>
> 1734 NW Market Street
>
> Seattle, WA 98107
>
> (206) 434-5644
>
> Sara at Longley-law.pro <Sara at longley-law.pro>
>
> www.longley-law.pro
>
>
>
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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
>
>
>
> --
>
> *Brent Williams-Ruth*
> *Founding Member*
>
> *BWR Consulting, PLLC*
>
> Phone: (425) 830-5134
>
> e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
> facebook <http://www.facebook.com/bwrconsults>
>
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-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Phone: (425) 830-5134

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