[WSBAPT] PR Duty to Respond to Potential Creditors?

[Philip N. Jones]

First, I apologize because I have not followed this entire thread.  Perhaps my question has already been answered:  Way down here in Oregon, there is very little authority on the issue of whether a PR has a fiduciary duty to creditors.  I think there is such a duty.  But little authority exists.  Some practitioners think there is no duty.  Perhaps the answer is a compromise:  To protect the PR against potential liability to an overlooked creditor, the PR should be careful to treat the creditors properly.
Any authority in Washington?
Thanks,
Phil Jones
Portland, OR


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Xan Gerson
Sent: Wednesday, July 15, 2020 10:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Duty to Respond to Potential Creditors?

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.


[cid:image001.png at 01D65AC4.B57FCDB0]
Alexandra (Xan) Gerson
Attorney
206.408.8163
xan at metisestateplanning.com<mailto:xan at metisestateplanning.com>


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:nick at pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200715/a70a75b8/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 4926 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200715/a70a75b8/image001.png>