[WSBAPT] creditor claims filed in will only matter

Susan Donahue sdonahue at sdonahuelaw.com
Tue Mar 31 14:19:00 PDT 2020


Hello friends,

 

I've written about this matter before.  This is the estate that is insolvent
with $97,000 in debts.  After the last round of answers to my question about
how to handle this estate, my client decided to ride out the 24 month period
and ignore the claims.  Some of you gave me great answers and advice.
However, American Express, in which the decedent had three accounts totally
about $18.,44, has mailed me three creditor claims.  I filed the will as
required as a Will Only case with a cover sheet that had my name on it.  (my
first mistake).  So, American Express has sent me three creditor claims to
the case number of the will only filing.  Am I required to answer these
creditor claims?  Should I reject them and say that the case is insolvent?
But that would require filing the claims which implies that a probate has
begun, wouldn't it?  Or, could I reject them saying that the estate is
insolvent and no probate will be begun? Should I say that no probate has
begun or will be begun in a letter to the agent who sent me the creditor
claim?  

 

As far as I can tell, the creditor claims have not be filed in the Will Only
matter.  At least they are not on Odyssey Portal.   There is no filed stamp
on them.  

 

I could use some thoughts from any of you.

 

Thank you.

 

Susan  

 

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 

www.sdonahuelaw.com <http://www.sdonahuelaw.com> 

 

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