[WSBAPT] Will Provision for Repayment of Debt - Creditor Claim Necessary?

[Steven Matyas]

Listmates,

Client is PR of father's estate. Will leaves estate equally to 5 children. Will also provides "The sum of $55,000 (fifty five thousand dollars) is to be paid back to my son [Client] for monies he spent on upkeep, repairs and remodeling of my home. In the event that my son predeceases me, this debt will be repaid to his son [Son]. This is a debt payment not a gift."

In this scenario, does the PR need to file a creditor's claim and have it approved pursuant to 11.40.140, or could this be treated as a general bequest despite the last sentence of the provision? Of course, filing the claim and having it approved is the safest option, but I'm hoping someone may have insight.

Thanks in advance,
Steven Matyas
CURRAN LAW FIRM
555 West Smith Street
Kent, WA 98032
Main: 253.852.2345
Fax: 253.852.2030
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