[WSBAPT] Creditor's Claim - Hypothetical

[Jeff Davis]

I know I am coming in late on this string, but for what it’s worth, I always take the position that the claims statute is strictly construed and that a creditor must both file and serve the claim within the applicable time period.  Otherwise it is rejected.  I have had claims filed with the court but not served on me or the PR, or served on me and not filed with the court.  If they miss either step I reject the claim.  Look at Estate of Sussman, No. 29991-7-II (Div. II 2004).  Although you cannot cite the case I think there are other’s out there that follow its reasoning.

 

Jeff Davis

 

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

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