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

Mon Jul 8 07:29:07 PDT 2019

Sarah:

I serve as PR/Administrator in deceased defendant probates and am hired by plaintiff’s tort counsel to assist with their probate causes when the deceased defendant has no open probate opened on his/her behalf and no one in the family comes forward.  This is usually close to a SOL running in the tort litigation.

I’m sending you by separate email, a rejected creditor’s claim – you should reject the claim by the tort injured plaintiff and file it in the probate cause.  Send a copy to the attorney who served you with the creditor’s claim and also to defense counsel representing the PR of the Estate of your deceased person, copy to deceased defendant’s insurance adjuster.  You do have to keep your probate open since the PR of the Estate is a named party in litigation but the policy limits should be used first before claims to estate assets.

Also, look at the liability statute – if the creditor’s claim was served on you 2 or more years after the death of your decedent, THE TORT PLAINTIFF IS LIMITED TO THE POLICY LIMITS.
From my petition to open probate on behalf of a deceased defendant:

Claims Against Estate Limited to Insurance Policy Limits.  The claims will be limited to the amount of the insurance policy pursuant to RCW 11.40.051.

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<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Dion
Sent: Sunday, July 7, 2019 7:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor's claim in probate-- can't accept but not a traditional rejection either

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<mailto:sarah at dionlaw.com>
www.dionlaw.com<http://www.dionlaw.com/>

This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else.
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