[WSBAPT] Extending creditor claim period for PR claim?

Stephen Brandli steve at brandlilaw.com
Mon Feb 8 09:28:50 PST 2021


I understand the facts to be that the PR, your client, has just found creditors who are arguably “reasonably ascertainable.”  If so, the statute of limitations for those creditors is 2 years even though you have published a notice to creditors.  You limit the limitations period by serving the creditors with the notice.  Then the creditor has 30 days to file the claim.  This is true even if the notice is served after expiration of the 4 month period that begins with the first publishing of the notice to creditors.  See RCW 11.40.051.

                Steve

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Monday, February 8, 2021 9:09 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Extending creditor claim period for PR claim?

Good morning,

Any way to extend the 4-month creditor claim period set to expire in a few days? Client PR just came forward with potential claims for reimbursement for her decedent mother's caregiving expenses prior to her death. I realize that we would have to file a petition under TEDRA, but this would also give the other heirs the opportunity to object, and obviously further creditor claims to be presented, but I also just need to know if extending the creditor claim period is even possible, and if so, if anyone has a template for such.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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