[WSBAPT] Ignore or Reject a Time-Barred Creditor Claim?

[Brent Williams-Ruth]

I will say that while an estate is still open - I take the time to send a
letter rejecting each untimely claim AND putting the statutory language
saying if they disagree with the denial that they have to sue - as a belt
and suspenders way to do it.  It may not be required but it gives me the
extra confidence that if there ever were a suit that the Court will see
that not only was it time-barred but we rejected it and they didn't even
file suit in a timely manner.

*Brent Williams-Ruth* (preferred pronoun: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
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On Thu, Apr 22, 2021 at 2:52 PM David Faber <david at faberfeinson.com> wrote:

> I'm working a probate right now where we published notice and sent actual
> notice to all ascertainable creditors. The time-bar for creditor claims
> came and went on the 16th (that was 30 days after I provided actual notice,
> a little more than 4 months after the first date of publication). Today,
> however, my office received a creditor claim dated the 19th. It's clear
> that the creditor claim is time-barred, but I just want clarification that
> I'm thinking correctly about this. Because the claim is time-barred, it
> isn't "presented in the manner provided in RCW 11.40.070" and therefore the
> PR has no obligation to accept or reject the claim, correct? In other
> words, it's appropriate for the PR to just ignore the creditor claim
> because it wasn't presented property, yes?
>
> Any advice would be appreciated. Thank you!
>
> Best,
> David J. Faber
> Faber Feinson PLLC
> 800 Polk Street, Suite B
> Port Townsend, WA 98368
> (360) 379-4110
>
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