[WSBAPT] PR Duty to Respond to Potential Creditors?

[Xan Gerson]

For what it’s worth, in a guest lecture to the estate planning class I was
teaching, Comm. Velategui said that you are required to send notice of
probate to CIR partners.





Alexandra (Xan) Gerson
*Attorney*

206.408.8163
xan at metisestateplanning.com





*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Nicholas Pleasants
*Sent:* Tuesday, July 14, 2020 6:43 PM
*To:* wsbapt at lists.wsbarppt.com
*Subject:* [WSBAPT] PR Duty to Respond to Potential Creditors?



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

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