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

[Josh Grant]

I don’t see the advantage of the “notice of untimely creditor claim”?  I have never had a problem in filing a rejection of an untimely creditor claim because it was untimely.  I have never had a creditor file a lawsuit within the 30 days on an untimely filed creditor claim case?  What is the down side of just doing a rejection?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Donna Calf Robe 
Sent: Tuesday, August 11, 2020 10:56 AM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] To Close Probate when (untimely) creditor's claimsare coming

I would have the client sign a Declaration of Due Diligence (11.40.040) which explains what he reviewed and measures taken to ascertain creditors and file it with the court.  If a creditor claim was filed with the court after the cut off period that you don’t think was an ascertainable creditor, I’d file a Notice of Untimely Creditor Claim.  I can’t find what I filed last time, but I just stated that the claim was untimely so it was not entitled to a rejection or acceptance and filed a notice of mailing it to the creditor.  That let the court know that we were not ignoring it.  After I close the probate, if I get letters or calls from creditors, I just ignore them.  

 

Donna

 

Donna M. Calf Robe

Attorney

Brothers & Henderson, P.S.

2722 Eastlake Avenue East, Suite 200

Seattle, Washington 98102

Phone: (206) 324-4300 x113

Fax: (206) 324-3106

e-mail:  donnac at brothershenderson.com

www.brothershenderson.com



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From: wsbapt-bounces at lists.wsbarppt.com <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 <WSBAPT at lists.wsbarppt.com>
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 / website / facebook / 

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 



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