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

[David Faber]

Thank you Brent. That makes sense intuitive, and was my original plan, but
parsing the language of 11.40.100(1), it seems as though one could make the
argument that by bothering to reject a claim, you open the door back up and
give the claimant an additional 30 days to pursue their claim against the
estate. Now, we could still use the time-bar as a shield, but I guess my
worry is whether that 30-day clock in 11.40.100(1) could be seen as a
waiver of the original 4 month limitation on claims, which leaves me back
where I started with my discomfortable about how to proceed.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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On Thu, Apr 22, 2021 at 3:00 PM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> 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*
>
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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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