[WSBAPT] To Close Probate when (untimely) creditor's claims are coming

[Marcus Fry]

Brent:
My 2 cents.  If there are actual filed claims that are untimely, I would send a rejection so the record shows how they were dealt with.  If you are just getting the usual phone calls and letter about a debt being owed, but there was no filing of a claim, then I would give your client (who happens to be the sole heir) this option: The 2 year probate SOL has not run, and therefore, it is possible these creditors could argue they were reasonably ascertainable.  Option 1 is you reject them formally and see if they file suit within 30 days.  Option 2: You close this probate and see if they file suit within the 2-year period, but since you are the sole heir you have all the assets anyway if they do take this action.

Note the options would be different if the PR was not the sole heir.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Tuesday, August 11, 2020 9:12 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] To Close Probate when (untimely) creditor's claims are coming

List -

I have a very simple probate matter - Father leaves all to the one son. Can't get more cut and dry than this.

Problem would be with the Creditor's.

All reasonable diligence was done in looking through records of deceased house to send known creditor notices.  Publication occurred at the very beginning and the 4 month period has run.

All deadlines passed June 1, 2020.

But we are still getting collection agency notices and creditor's claims.  The estate is wanting to close.  My question is this: what is the obligation to respond to untimely creditor's claims? If we proceed to close and a month goes by and my office gets another creditor's claim....duty to respond with the formal rejection?

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.Williams-RuthLaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>
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