[WSBAPT] Personal Representative's Creditor's Claim

Mon Nov 16 12:34:50 PST 2020

Thanks, Dalynne and Jennifer for your responses. They are very helpful.

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, November 16, 2020 11:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Personal Representative's Creditor's Claim

Lovie:

I have filed 2 of these in the past years.  Here is explanation in both:

  1.  Kitsap county.  PR was mother of decedent and heirs under intestacy did not agree at all with the claim.  So I filed the creditor claim in the probate cause and a separate TEDRA action.  The TEDRA action included other claims as well.  We settled the claims at a settlement conference with the Judge several months later and 4 hearings so it was not an easy process.
  2.  King county.  PR was creditor of decedent and only heir/daughter was not fighting the claim.  I filed as a motion to approve the claim in the probate cause and the commissioner signed my order and a judgment was taken.  The real property is listed for sale and the PR will be paid out of the proceeds of the sale with the net to the daughter.  No separate TEDRA was required but a court hearing was held for approval.  My take was that if the daughter had objected to the claim, the court would probably have ordered a TEDRA be filed.

I have a third one pending in which I filed in king county the creditor claim in the probate cause.  I am now working with the other heir's counsel (and co-PR) to settle without having to file a TEDRA as the co-PRs do not agree at this point.  If we can't work it out, a TEDRA will be filed.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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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 Lovie Bernardi
Sent: Monday, November 16, 2020 9:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Personal Representative's Creditor's Claim

Dear listmates,

PR has creditor's claim against decedent's estate. RCW 11.40.140 provides that a PR with a creditor's claim must present a claim that complies with RCW 11.40.070 and must petition the court for approval of the claim under RCW 11.96A.080. I interpret this to mean that the PR files a creditor's claim under the probate cause number, then must file a separate TEDRA action in order to petition for the court's approval. I found a petition for a PR's creditor's claim in the materials from the comprehensive estate planning and probate primer CLE a few years ago, which suggests it can be filed under the original case. However, the form is from the old probate deskbook, which predated the requirement that TEDRA actions must be filed as a new action. Does anyone have experience with filing a creditor's claim on behalf of the PR?

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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