[WSBAPT] Creditor's Claim not filed with Court

Tue May 15 08:25:38 PDT 2018

Phil raises a point that every so often gives me some concern. I’m not aware of any WA authority on the subject of what duties, if any, does a PR owe a creditor. I would like the law to be that there is no duty, except perhaps to a creditor who has properly filed a claim AND the claim has been accepted (or is <$1000 and not timely rejected).  I’m sure we’ve all experienced variations on the following theme – after receiving actual notice, credit card collection agency (undoubtedly one we’re all familiar with) calls saying they are willing to accept 75 cents on the dollar, I ask whether they have filed a creditor’s claim, “no, we don’t plan to do that”, and I say I can’t respond until I talk to my client. Of course I never do respond, they never file a claim, we ignore their follow up communications, and the estate saves a bunch of money. Does anyone think my client or I owe any duty at all to tell them how to get their act together? The collection agency must have  a pretty persuasive marketing department, selling a service that routinely squanders its clients’ claims.

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Philip N. Jones
Sent: Friday, May 11, 2018 11:51 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Creditor's Claim not filed with Court

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

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <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<mailto: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> / facebook<http://www.facebook.com/bwrconsults>

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