[WSBAPT] Need to file creditors claim

[Eric Nelsen]

There are several cases stating that no creditor claim is required when the claim is for ownership of a specific item of property. See e.g. Gottwig v. Blaine, 59 Wn.App. 99, 104, 795 P.2d 1196 (1990) (claim of surviving joint tenant); O'Steen v. Wineberg's Estate, 30 Wn.App. 923, 934, 640 P.2d 28 (1982) (claim for property held by decedent in oral trust). I cribbed these from the WSBA Probate Deskbook.

I haven't reviewed this in a while but I do recall that I had some doubts about the case law cited; the holdings didn't seem to really state the rule quite so cleanly.

The general idea appears to be that the creditor claim process is for debts of money owed by the decedent as a "general charge against the estate" as a whole, and so does not apply to claims that can't be satisfied simply by paying money. There is another case saying essentially the same, which involved an ex-spouse suing the estate of the deceased ex-spouse to recover her half of community property that had not been properly divided by the divorce decree. Also, a suit against the decedent's estate for specific performance (non-monetary relief) is not governed by the creditor claim process.

Bryce, your client's claim sounds like title is held in name of decedent, but your client asserts an equitable or TIC interest based on having paid money toward its purchase or something like that? Depending on the facts I suppose a court could deny your client an interest in the property but grant a monetary judgment for reimbursement of funds--which would essentially be a money claim as a "general charge." To preserve all possible remedies I might do that suspenders-and-belt: file the creditor claim regardless of whether or not it really applies, and then file suit for the non-monetary relief, with money judgment in the alternative.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, August 10, 2019 11:44 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Need to file creditors claim

Does a party need to file a creditors claim in an estate in which they are claiming the right as a tenant in common or similar interest in real property that was acquired solely in name of the deceased in order to claim interest in the property that is being probated?  Thanks for your response

Bryce H. Dille | Attorney at Law
Dille Law, PLLC
P: 360-350-0270 | F: 844-210-4503
2010 Caton Way SW, Suite 101
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