[WSBAPT] Creditor claim after estate closed

[Eric Nelsen]

I probably would do nothing. If the estate is closed, let the creditor run around and try to figure out how to get their claim addressed.

Alternatively, send a letter outlining their problem--they received actual notice, didn't file their claim in a timely fashion, it's barred, estate is closed, we're doing nothing, go away. Maybe if facts are right, threaten Fair Debt Collection Practices Act violations if they try to pursue further?

Have a good weekend!

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather de Vrieze
Sent: Friday, July 12, 2019 4:50 PM
To: KCBA Real Property, Probate and Trust Law Discussion List; 'wsbapt at lists.wsbarppt.com'
Subject: [WSBAPT] Creditor claim after estate closed

Wife died November 2017
Probate with Husband as Admin. opened November 2017
Creditor (one of many) notified February 2018 (more than 30 days before end of claim period)
Estate closed June 2018 after resolving all properly submitted claims
Creditor claim send to my office (as attorney for Husband/Admin.) received July 2019

I'd like to simply ignore this, but am second guessing my instinct as I try to leave the office on a Friday afternoon.

Do I need to formally reject this claim, certified mail and all? Do I owe them a response of "Sorry, the estate has been closed and this claim is not timely"?

Husband got sued for a separate debt of wife for which a claim was never filed. That is long resolved, but I know he won't want to keep dealing with this, so I want to address this in the manner that is least likely to have further blowback for him.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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