[WSBAPT] Extending creditor claim period for PR claim?

Mon Feb 8 10:41:16 PST 2021

I would be careful in taking the position – the PR should have known of their claim at the start of their probate if the claim is for services rendered and as such I would (if opposing counsel) argue the 4 month statute should apply.

Also, there is a statute that indicates under  certain circumstances the applicant PRs cannot be a creditor to the estate so you will want

Diane J. Kiepe

Diane J. Kiepe
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Reinhardt
Sent: Monday, February 8, 2021 10:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Extending creditor claim period for PR claim?

Heather, I agree that a court approval will be needed for a PR claim.  However, shouldn’t the PR claim be considered a reasonably ascertainable creditor?  If so, the claim period would be the later of (1) thirty days after service or (2) mailing of notice or four months after publication.  If no notice was given, it could be argued that the claim period is extended to that known creditor.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather de Vrieze
Sent: Monday, February 08, 2021 9:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Extending creditor claim period for PR claim?

If this is a claim of the Personal Representative, it should be immediately filed, before the four months claim period is over. Then it can be noted for a hearing to get Court approval.

I don’t think you can “extend” the claim period.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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