[WSBAPT] creditor claims filed in will only matter

Tue Mar 31 19:54:55 PDT 2020

One war story I will pass on. If the decedent owes money on a credit card,
make sure the surviving spouse does NOT use the card post-mortem. I had that
happen. The bank hadn't filed a creditor claim, so after the two years
expired we let them know we would not be paying the card off. Well they took
the position because the surviving spouse had used it in a community
property state it was her obligation. They reported the card to the credit
bureau just as she was trying to close on a home loan, holding up the
closing until she gave in. 

John J. Sullivan

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Alexis Singletary
Sent: Tuesday, March 31, 2020 5:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] creditor claims filed in will only matter

100%.

I have won that issue on Summary Judgment where the "PR" was served a
creditor's claim and quiet title action before the PR was actually
appointed.  We sent the Notice to Creditors to all parties formally for
actual notice.  They of course didn't respond because they believed they
already filed a claim.  Not my job to tell them they didn't perfect service
because there was no PR to serve.  Laid in wait until the end of the
creditor's claim period and rejected.  Creditor filed suit; I filed my SJ. 

Fun one. 

In yours, since no PR will actually be appointed, just ignore and see if any
creditor does it themselves.  If not, ride out the 2 years and see what
happens.  

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From: wsbapt-bounces at lists.wsbarppt.com
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of John J. Sullivan,
Esq.
Sent: Tuesday, March 31, 2020 3:32 PM
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Subject: Re: [WSBAPT] creditor claims filed in will only matter

Definitely agree with Eric. 

John J. Sullivan

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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Susan Donahue
Sent: Tuesday, March 31, 2020 3:29 PM
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Subject: Re: [WSBAPT] creditor claims filed in will only matter

Eric,

I like your thinking.  I'm willing to ignore them.  I agree with the idea
that they should be able to figure out that a probate has not been commenced
and therefore their creditor claim is useless.

Thank you for your response.

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> 

From: wsbapt-bounces at lists.wsbarppt.com
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Eric Nelsen
Sent: Tuesday, March 31, 2020 2:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] creditor claims filed in will only matter

I'd say ignore them. If no probate has been started with a PR appointed, and
no "notice agent" under Ch. 11.42 RCW has been created, then there is no
basis for creditor claims. If they want to file a claim, they can go start a
probate themselves. Claims sent to you are just recycle basket liner.

Frankly-and this is me being ornery-I also would not even respond to AmEx.
If a company that big can't figure out what is and isn't proper, I see no
reason to help them.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com> 

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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Susan Donahue
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Subject: [WSBAPT] creditor claims filed in will only matter

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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