[WSBAPT] Petition for Approval of Creditor's Claim

Mike Winslow mike at winslegal.com
Fri May 11 15:50:23 PDT 2018


Consider whether handling the probate and the petition on the creditor’s claim is a conflict of interest. Last time I had one of these, I sent the client to other counsel to make the claim. It was the extreme case where the PR was also in a CIR (committed intimate relationship) with decedent.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Friday, May 11, 2018 3:26 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Petition for Approval of Creditor's Claim
 
All:
 
Client is PR of estate and informed me today that he's also a creditor of the estate pursuant to a promissory note. RCW 11.40.140 requires that we petition the court for approval of the creditor claim under TEDRA. I've done a number of non-judicial settlement agreements under TEDRA but never filed a petition seeking a court order under TEDRA before. Would anyone who has petitioned for approval of a creditor claim under TEDRA be willing to share with me their pleadings in that matter so I can see what works? I'd rather note bite at the proverbial apple before I have successful pleadings against which to weigh and compare my own.
 
Thank you and have a lovely weekend.
 
Best,
David J Faber
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