[WSBAPT] Creditor's Claim not filed with Court

Fri May 11 12:04:02 PDT 2018

The only authority that I have found, thus far, that discussed strict
construction of the statute is Villegas v. McBride 112 Wn. App 689 (2002).
The facts of that case, however, deal with the failure to describe the
debt, not the timing element. The court in Villegas does give me a little
love by holding that "[w]hen interpreting a statute, we look to the
Legislature's intent as reflected in the statutory language. We presume
that the Legislature means exactly what it says and, if a statute is
unambiguous, we derive its meaning from the statutory language alone."
(internal cites removed).

I would argue that the word "AND" is pretty unambiguous.

What I am faced with though is how hard will large insurance company push
back such that the legal fight could substantially drain the assets of the
estate.

If anyone is aware of specific authority (I've looked at the annotations
and notes of decision and even pulled a search from other appellate
briefing) that addresses the time bar element and/or the failure to both
file and mail - it would be much appreciated.

Brent

On Fri, May 11, 2018 at 11:51 AM, Philip N. Jones <pjones at duffykekel.com>
wrote:

> I agree with Nestor.  But if the claim is properly filed, I believe that
> the PR has a fiduciary duty to the creditor(s).  But I have not found any
> authority to that effect, or at least not much authority.  Anyone have any
> authority?
>
> Phil Jones
>
> Portland, OR
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *nestor at pplsweb.com
> *Sent:* Friday, May 11, 2018 11:38 AM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Creditor's Claim not filed with Court
>
>
>
> In my opinion the PR has a duty to the other beneficiaries to reject any
> claim not properly filed.
>
>
>
> Nestor
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
> *ATTENTION - This e-mail message and any attachment to this e-mail message
> may contain confidential information that is legally privileged. If you are
> not the intended recipient, you must not review, retransmit, convert to
> hard copy, copy, use or disseminate this e-mail or any attachments to it.
> If you have received this e-mail in error, please notify us immediately by
> return e-mail or by telephone at the phone numbers provided herein and
> delete this message. Please note that if this e-mail message contains a
> forwarded message or is a reply to a prior message, some or all of the
> contents of this message or any attachments may not have been produced by
> the sender.*
>
>
>
> *P* *Please consider the environment before printing this e-mail.*
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <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>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>

-- 

*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>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180511/d7e16441/attachment.html>