[WSBAPT] Creditor Claim - No Probate

[Sara D. Longley]

I think it’s worth pointing out that if you or your client becomes PR of the estate, you will have a fiduciary duty to other creditors as well.  Depending on the size of the claim it may be well worth it, but something to keep in mind.

 

Good luck,

Sara

 



Sara D. Longley, J.D., LL.M.

 

LONGLEY LAW PLLC 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Fiscus
Sent: Friday, October 25, 2019 1:18 PM
To: Bryce Dille <Bryce at dillelaw.com>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor Claim - No Probate

 

Thank you, Bryce.

Tom


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On Friday, October 25, 2019, 13:11, Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> > wrote:

I think as a creditor your client should institute probate proceedings and request appointment as the PR, present the claim and then get it approved by the court and then proceed to collect from whatever assets are available

 

Bryce H. Dille | Attorney at Law

Dille Law, PLLC

P: 360-350-0270 <tel:360-350-0270>  | F: 844-210-4503 <tel:844-210-4503> 

2010 Caton Way SW, Suite 101

Olympia, Washington 98502

 <http://www.dillelaw.com/> www.dillelaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Thomas Fiscus
Sent: Friday, October 25, 2019 11:56 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Creditor Claim - No Probate

 

Hi Listmates:  Looking for some suggestions.  PC is the creditor of Decedent who died in March 2019.  No probate was filed and no "Non Probate Notice to Creditors" was published. No Will was filed with the Superior Court.  Decedent had real estate but apparently had issued a Transfer on Death Deed to his daughter for the residence.  Daughter is now attempting to sell the residence and refuses to speak to the Creditor.  No idea if there are any other assets.  Obviously, under RCW 11.40.051the claim can still be presented, but to whom?  There is no PR or Administrator appointed.  Is the remedy to file suit against the estate? Once the real estate is sold there would appear to be no way to reach that asset.  Suggestions much appreciated.

 

Tom Fiscus

 

Law Office of Thomas J. Fiscus

P.O. Box 1167

Eastsound, WA 98245

Ph 360-298-0534 <tel:360-298-0534> 

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