[WSBAPT] PR Duty to Respond to Potential Creditors?

Nicholas Pleasants nick at pleasantslaw.com
Tue Jul 14 18:43:13 PDT 2020


Hello fellow probate practitioners,
I have a couple probate hypotheticals for consideration.
First situation: Let’s say a creditor was provided Notice to Creditors, the 4-months since publication has passed and the 30-days from delivery to creditor has passed. Now creditor sends a letter asking for a copy of the Notice to Creditors. I don’t want to restart the RCW 11.40.030 clock, giving them another month to respond. Does PR have a duty to respond to this potential creditor at all?
Second situation: Let’s say decedent may have been in a meretricious relationship. Is the non-spouse partner entitled to any notice of the probate? Let’s say non-spouse is not mentioned in the Will at all, not a co-owner of decedent’s real property, but possibly there is some tangible personal property owned together. How about notice to creditors as a potential claimant? Obviously PR does not want to encourage potential claimant, and only wants to provide notice as strictly required by statute. Also wondering whether non-spouse partner has any right to request special notice?
I realize that second situation is a bit trickier, as the interplay between Committed Intimate Relationship doctrine and Probate is interesting. I am curious from a notice standpoint what responses you might advise PR to give in these situations. Thanks in advance for any experience you can share.

Best,
Nick

Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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