[WSBAPT] Working from home but not alone

Wed Apr 1 12:26:15 PDT 2020

Not a happy one!

*Marsha C. Hudson*
Attorney at Law #23330

3221 NW 62nd Street, Seattle, WA  98107

Telephone: 206-297-3933

Fax: 206-357-9356
marsha at griffyn.us

*Life's most persistent and urgent question is: What are you doing for
others? -* Martin Luther King, Jr.

This e-mail may contain information that is protected by attorney-client,
work product and/or other privileges.  If you are not the intended
recipient, you are notified that any dissemination, use, or reliance upon
its contents is strictly prohibited.  If you have received this e-mail in
error, please contact me immediately and return the email by forwarding it
to this office at marsha at griffyn.us and then deleting the e-mail.
P Please consider the environment before printing this e-mail

*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Kate Love
*Sent:* Wednesday, April 1, 2020 12:17 PM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Working from home but not alone

New legal assistant - working from home but definitely not alone !  😉

------------------------------

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
on behalf of Susan Donahue <sdonahue at sdonahuelaw.com>
*Sent:* Wednesday, April 1, 2020 10:49 AM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

Thank you all for the advice.  I will proceed to ignore the creditor
claims.  I definitely feel that I’m not isolated working at home in my
basement—even if it is a nice basement—with responses from you all.

Susan

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com

www.sdonahuelaw.com

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Kate Love
*Sent:* Wednesday, April 01, 2020 9:25 AM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

ha, interesting - thank you, Kate

------------------------------

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
on behalf of John J. Sullivan, Esq. <sullaw at comcast.net>
*Sent:* Tuesday, March 31, 2020 7:54 PM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

One war story I will pass on. If the decedent owes money on a credit card,
make sure the surviving spouse does NOT use the card post-mortem. I had
that happen. The bank hadn’t filed a creditor claim, so after the two years
expired we let them know we would not be paying the card off. Well they
took the position because the surviving spouse had used it in a community
property state it was her obligation. They reported the card to the credit
bureau just as she was trying to close on a home loan, holding up the
closing until she gave in.

John J. Sullivan

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Alexis Singletary
*Sent:* Tuesday, March 31, 2020 5:31 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

100%.

I have won that issue on Summary Judgment where the “PR” was served a
creditor’s claim and quiet title action before the PR was actually
appointed.  We sent the Notice to Creditors to all parties formally for
actual notice.  They of course didn’t respond because they believed they
already filed a claim.  Not my job to tell them they didn’t perfect service
because there was no PR to serve.  Laid in wait until the end of the
creditor’s claim period and rejected.  Creditor filed suit; I filed my SJ.

Fun one.

In yours, since no PR will actually be appointed, just ignore and see if
any creditor does it themselves.  If not, ride out the 2 years and see what
happens.

______________________________

*Alexis R. Singletary*

*Singletary Law Office, PLLC*

(253) 833-8855

www.singletarylawoffice.com

*This message is from an attorney, so it’s confidential and may be
protected by attorney-client privilege and/or the work-product
doctrine.  If you are not the intended recipient, it’s too late to stop
reading this message, but you may not use it for any improper purpose. Huge
Disclaimer available upon request.*

*CLIENT ADVISORY**:  A spam filter is in use in our IT system.  If you have
not received a Reply to an e-mail message within seventy-two hours, please
call or leave a voice mail message with the receptionist at 253.833.8855.*

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *John J. Sullivan, Esq.
*Sent:* Tuesday, March 31, 2020 3:32 PM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

Definitely agree with Eric.

John J. Sullivan

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Susan Donahue
*Sent:* Tuesday, March 31, 2020 3:29 PM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

Eric,

I like your thinking.  I’m willing to ignore them.  I agree with the idea
that they should be able to figure out that a probate has not been
commenced and therefore their creditor claim is useless.

Thank you for your response.

Susan

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com

www.sdonahuelaw.com

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Eric Nelsen
*Sent:* Tuesday, March 31, 2020 2:38 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] creditor claims filed in will only matter

I'd say ignore them. If no probate has been started with a PR appointed,
and no "notice agent" under Ch. 11.42 RCW has been created, then there is
no basis for creditor claims. If they want to file a claim, they can go
start a probate themselves. Claims sent to you are just recycle basket
liner.

Frankly—and this is me being ornery—I also would not even respond to AmEx.
If a company that big can't figure out what is and isn't proper, I see no
reason to help them.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com

*Covid-19 Update - Sayre Law Offices remains available to serve our clients
and the public during this time, subject to the orders and recommendations
of government authority. Please do not hesitate to contact us if we may be
of service to you, your family, or your business**.*

All attorneys are working remotely during regular business hours and are
available via email and by phone; please call the Seattle office.
Videoconferencing also is available. Signing of estate planning documents
can be completed and will be handled on a case-by-case basis; please call
the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other
needed arrangements, please call the Seattle office.

Be assured that we will continue to advise and support our clients
throughout this health emergency.

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Susan Donahue
*Sent:* Tuesday, March 31, 2020 2:19 PM
*To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] creditor claims filed in will only matter

Hello friends,

I’ve written about this matter before.  This is the estate that is
insolvent with $97,000 in debts.  After the last round of answers to my
question about how to handle this estate, my client decided to ride out the
24 month period and ignore the claims.  Some of you gave me great answers
and advice. However, American Express, in which the decedent had three
accounts totally about $18.,44, has mailed me three creditor claims.  I
filed the will as required as a Will Only case with a cover sheet that had
my name on it.  (my first mistake).  So, American Express has sent me three
creditor claims to the case number of the will only filing.  Am I required
to answer these creditor claims?  Should I reject them and say that the
case is insolvent?  But that would require filing the claims which implies
that a probate has begun, wouldn’t it?  Or, could I reject them saying that
the estate is insolvent and no probate will be begun? Should I say that no
probate has begun or will be begun in a letter to the agent who sent me the
creditor claim?

As far as I can tell, the creditor claims have not be filed in the Will
Only matter.  At least they are not on Odyssey Portal.   There is no filed
stamp on them.

I could use some thoughts from any of you.

Thank you.

Susan

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com

www.sdonahuelaw.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200401/7d8eb364/attachment.html>