[WSBAPT] 4-month date?

[Mike Winslow]

Well said, Eric.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, September 10, 2019 10:40 AM
To: WSBA Listserv
Subject: Re: [WSBAPT] 4-month date?
 
I'm coming late to the discussion, so apologies if I'm repeating what others
have said.
 
My interpretation of 11.40.150 under your facts is that the 4-month deadline
remained at 02/28/2019 (4 months after 10/31/2018), and the 8/14/19
published Notice of Vacancy and Succession ("NVS") only gives "reasonably
ascertainable creditors without actual notice" ("RACWAN" see RCW
11.40.051(b)(ii) <https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> )
notice of where to file their claims within 24 months of DOD of the
decedent.
 
I think 11.40.150(2) is not well drafted, but I honestly don't know how
better to say it. The idea is that every creditor should get 4 full months
post-publication to file a creditor claim, so if the PR publishes and then
dies a month later and it takes three weeks to get a new PR appointed and
NVS published, those three weeks get tacked on to the end of the 4 months
calculated from the date of first publication of the Notice to Creditors.
 
But the 24-months deadline is "self-executing" and never gets extended
regardless of whether or not a PR is in place or any Notice at all is
published.
 
So, if the first PR doesn't die/resign until after the 4 months is already
complete, the publication of NVS does not extend the 4-month bar at all--the
creditors already got their full 4 months. Its sole function instead is to
give RACWANs notice of who to file their claim with, within 24 months of
decedent's DOD.
 
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 Anthony Vivenzio
Sent: Monday, September 09, 2019 2:46 PM
To: WSBA Listserv
Subject: [WSBAPT] 4-month date?
 
Listmates,
I have inherited a probate where the original PR died unexpectedly before
closing probate.  What is the new 4-month bar date for creditors?  RCW
11.40.150 seems unclear on this.
 
Facts:
Probate opened 10/19/2018 by PR
First Publication 10/31/2018
PR DOD 7/11/2019 
Replacement PR 8/1/2019
First Publication 8/14/19
 
 
Anthony D. Vivenzio,
Attorney and Counselor at Law
PO Box 208
540 Guard Street, Ste. 260
Friday Harbor, WA  98250
(360) 378-6860
vivenziolaw at rockisland.com
 
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