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

Mon Jul 8 08:04:53 PDT 2019

Thanks, Dalynne! That is so helpful. I really appreciate your insight into
this, and would love to see your form for rejecting a claim like this.

Again, I really appreciate you taking the time to respond!

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com
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
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On Mon, Jul 8, 2019 at 7:29 AM Dalynne Singleton <dalynne at glgmail.com>
wrote:

> 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 <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
> 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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