[WSBAPT] PR Duty to Respond to Potential Creditors?

[Felicia Value]

I agree with Roger.  The creditor is given mechanisms under the law to 
bring their claims.  The responsibility to use those mechanisms is 
squarely on them.  Although most attorneys I know have a desire to be 
helpful and courteous to all,  I figure that "helping" the creditor of 
an estate I represent is working against my own client's interests.  I 
would not respond at all.

Regards,

Felicia

On 7/14/2020 6:43 PM, Nicholas Pleasants wrote:
>
> 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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-- 
PLEASE NOTE! As of August 1,  2019,  my office has MOVED to 413 Morris St. in La Conner.

Felicia Value
Attorney at Law
PO Box 578/413 Morris Street
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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