[WSBAPT] Rejected Creditor's Claim

[Jane Bitz]

Jeanne:

IF your investigation is merely to see if the estate has the resources to pay your claim and not doubts about the underlying validity of the claim, I would file the suit before the 30 days runs. If this is an insolvent estate with the chance that creditors will be taking a proportional share of their claimed debts, if I was representing a  competing creditor claim, I would assert the statute against you, even if the estate says they waived it for you to do a more thorough  investigation.

If the claim is doubtful, then I would only file the lawsuit after explaining to my client they could be paying your fees and the estate's attorney fees if the claim is not proved.
Jane.


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: Thursday, May 24, 2018 4:43 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Rejected Creditor's Claim

Dear Listmates:

My client made a claim against an estate, which was rejected.  I've requested the inventory, which turned out to have some errors and missing items, and the attorney is revising it, and will get it to me.  However, the 30 days to file suit expires on June 4, not giving us very much time to determine whether to file suit.  The attorney offered to extend the date to file suit, but I'm concerned that while his client can say she will not raise the untimely filing of suit as a defense, I'm concerned that another creditor may be able to restrain collection based on the untimely filing.  Has anyone ever dealt with this type of situation?   Is there such a thing as extending the deadline to file suit after a claim has been rejected?

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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