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

[Randolph Petgrave]

Steve,

I don't think the PR has to file a creditor claim. I think the language can be fairly read to make this a specific bequest, that is separate and apart from the PR's 1/5 interest in the remainder of the estate.  The language referring to it as a debt is probably to insure it has priority of payment.

Regards,
Randy


Petgrave & Petgrave, PLLC

Attorneys at Law

Office: 1001 4th Ave Ste 3200

Seattle, WA 98154

Mailing: P.O. Box 2831

Issaquah, WA 98027



Direct: (206) 240-9148

Fax:      (206) 260-2710


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Steven Matyas
Sent: Friday, June 21, 2019 2:46 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Will Provision for Repayment of Debt - Creditor Claim Necessary?

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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