[WSBAPT] Is This Creditor Ascertainable?

[Susan Donahue]

I would say that this creditor was unascertainable but came forward in the four month period.  Any creditor that comes forward in the four-month period becomes “ascertainable” and then gets a letter with the creditor’s claim that they have to file.  If they were not ascertainable and come forward after the four month period, they are barred.  This happened to me once.  After the four-month period from when the notice to creditors was published, a hospital presented me a bill, but I rejected it because it was not timely.  I never heard from them again.

 

Susan

 

 

Susan Donahue

Law Office of Susan Donahue

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan, Esq.
Sent: Wednesday, April 01, 2020 4:36 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Is This Creditor Ascertainable?

 

 

Listmates:

 

I have a hypothetical question that came close to being a real practice question today. 

 

Say you publish notice to creditors. Then a creditor you didn’t know about contacts your client say four days before the four month period ends. Does that creditor become ascertainable, entitled to a letter and 30 period just because of that late phone call or letter to the client? Or can you count down the four days?

 

I say hypothetical because in my particular case it’s hard to argue the home care services were not provided to the decedent the month before he died, even though he and his AIF fired them a few weeks before he died.

 

Has this come up before? I guess if you boil it down, the question is whether ascertainability is determined at the time notice is published, or any time before the four months expires. I assume if you find out after the four months it’s not retroactive. But I think I’m leaning in the direction of saying the creditor in my hypothetical becomes ascertainable because the due diligence declaration, if you file one, is made after the four months expires. 

 

Thoughts?

 

Best regards, 

JOHN J. SULLIVAN, 

ATTORNEY

 

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