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

Thu Apr 22 19:26:03 PDT 2021

I completely understand and agree - but I believe that the case law is so
clear that if you are certain you have done all the I-dotting and
t-crossing that it would be one where it would be their folly to try and
bring the claim and then even move for sanctions for filing
frivolous claims.  Now, I've not had anyone test me on this and it hasn't
blown up in my face.....but I would rather the extra layer of protection
than to have something discovered being deficient from just the primary
layer.

Would love to hear other thoughts.

*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
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Thu, Apr 22, 2021 at 5:18 PM David Faber <david at faberfeinson.com> wrote:

> 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*
>>
>> *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
>> <http://www.williams-ruthlaw.com/> / facebook
>> <http://www.facebook.com/bwrlaw> /
>>
>>
>> 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
>>>
>>> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
>>> This communication may contain privileged or other confidential
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