[WSBAPT] Creditor's Claim - Hypothetical

[Josh Grant]

I have rejected a creditor’s claim when it made it to the court on time, but was delivered to me a day late.  And the rejection wasn’t challenged.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Dalynne Singleton 
Sent: Monday, January 28, 2019 4:02 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Creditor's Claim - Hypothetical

RCW 11.40.070 (3) is very specific in that it says:  A claim must be presented within the time limits set forth in RCW 11.40.051 by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.

 

It seems the LATER would not be timely in your case.

 

Dalynne Singleton

 

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

 

360.568.5065

360.329.4079

360.568.8092  fax

dalynne at glgmail.com

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, January 28, 2019 3:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor's Claim - Hypothetical

 

If you have a creditor's claim - but it left the hands of the creditor on the very last day - but didn't get filed until 10 days later (who knows, maybe mail was slow and then the clerk's office just didn't get to it quickly).

 

Would that be timely?

 

The notice says that the claim must be PRESENTED by.......

 

Curious to know if anyone has fought this battle or not. 

 

-- 

Brent Williams-Ruth 
Founding Member

BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail / website / facebook / 



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