[WSBAPT] Rejection creditor claim

Thu Sep 3 13:10:30 PDT 2020

Simple answer would be no and you should file litigation against the PR of the Estate on the claims seeking a judgment.  You have 30 days from rejection so don't wait on this one.
You should also ask for attorney fees for having to bring cause of action on a valid creditor's claim under RCW 11.96A.

RCW 11.40.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.100>
Rejection of claim-Time limits-Notice-Compromise of claim.
(1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of the rejection and file an affidavit with the court showing the notification and the date of the notification. The personal representative shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or the claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the personal representative within thirty days after notification of rejection or the claim will be forever barred.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Claudia A Gowan
Sent: Thursday, September 3, 2020 12:59 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Rejection creditor claim

Colleagues:

Basic facts are that a guarantor of a debt, who historically made all payment on the debt, became ill and died, ceasing payment. A creditor claim for the remaining debt was filed and served with the estate. The claim was rejected citing as its basis that a judgment pursuant to a collection action against the underlying obligor had not been entered. (No collection action had been implemented or contemplated because the decedent had paid all amounts due on behalf of the underlying obligor, essentially as a gift.)

The question is under these facts, would a judgment against the underlying obligor be necessary in order to successfully pursue a claim against the estate?

Thanks very much for any insight.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (M)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

[cid:image007.jpg at 01D681F3.445D9CB0]<https://www.bestlawyers.com/lawyers/claudia-a-gowan/141568>

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

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