[WSBAPT] Extending creditor claim period for PR claim?

Mon Feb 8 11:03:13 PST 2021

All:  I, like Heather, have filed the claim and then motioned for creditor’s claim approval in King county.  For undisputed creditor claims, I think you can utilize a motion and proposed order.  In my case, no one showed for the hearing and judge signed Judgment based on creditor’s claim of the PR.

In Kitsap because of the known non-agreement of the creditor claims made by a PR, I filed a separate TEDRA action and we proceeded in that manner.  We ended up agreeing to having a settlement conference and the case settled before any arbitration, mediation or trial in TEDRA.

In a third matter currently pending, there are co-PRs and each have creditor claims.  I represent one PR and the other PR also has counsel.  We filed within the 4 month period but agreed to certain discovery and possible mediation to settle the 2 claims.  A lot depends on the claims being made, the response from the heirs on the claims of the PR and if there is a workable solution or if litigation in TEDRA is necessary.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, February 8, 2021 10:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Extending creditor claim period for PR claim?

I agree with Heather—if this is a creditor claim by the PR, the PR must file it within the 4-month deadline. While technically a PR would be, via self-knowledge, a “reasonably ascertainable” creditor and so shouldn’t be barred unless the PR mailed a copy of the Notice to Creditors to themselves, I can’t believe (or I don’t want to believe) that any court would apply the language of the statutes so literally as to benefit the PR and allow them to file their claim any old time within 2 years because they didn’t “give notice” to themselves.

Side note, that the requirement of using the TEDRA petition procedure for approval of the claim, per RCW 11.40.140<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.140>, means a separate case has to be filed. This is nonsensical and counterproductive, but true because of the 2013 amendment<http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5135-S.SL.pdf?cite=2013%20c%20246%20%C2%A7%202> to RCW 11.96A.090(2)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.090>, which eliminated the option of filing a TEDRA petition under the existing probate caption, and now only allows filing as a separate case.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)

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