[WSBAPT] Creditor's claim in probate-- can't accept but not a traditional rejection either

[Sarah Dion]

Hi all-

I think I need some listserv wisdom on this one!

In one of my probates, the decedent was in a motor vehicle accident a few
years before she died. The driver of the other car filed suit just as the
SOL was about the expire. The suit is being defended by decedent's insurer,
who has indicated that the case will almost certainly settle within the
policy limits.

I notified the Plaintiff, as well as her attorneys, as potential known
creditors of the estate. And of course, we just received a creditor's claim
from the Plaintiff's attorneys for ten million dollars.

I know that we need to keep the probate open until the case is settled. But
how do I respond to the claim? My tentative plan is to reject it, but to
modify the language of my creditor rejection to state that we know a suit
has already been filed. Should I add language stating that we won't close
probate until the suit is resolved? Ideas for how to handle this
efficiently?

Thanks in advance for any ideas!

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com
www.dionlaw.com

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