[WSBAPT] Creditor Claim filed late - three days.

[John J. Sullivan]

PR can waive the defect. I wouldn’t recommend it without a TEDEA agreement from the beneficiaries authorizing it. 

John J. Sullivan

Sent from my iPhone

> On Jan 15, 2021, at 12:29 PM, Heather de Vrieze <heatherd at westseattlelaw.com> wrote:
> 
> 
> It doesn’t matter what the date on the claim is. 11.40.070 only looks at postmark or date of service and filing date.
>  
> (3) A claim must be presented within the time limits set forth in RCW 11.40.051 by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.
>  
> Heather S. de Vrieze
> Attorney-at-Law
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> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
> Sent: Friday, January 15, 2021 11:56 AM
> To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> Subject: [WSBAPT] Creditor Claim filed late - three days.
>  
> Greetings List - 
>  
> Have an estate where the creditor claim was filed by the Court - three days after the cut-off of the 4 month period. Now, there is a cover letter and the claim itself is dated four days prior to cut-off. 
>  
> I have always operated under the strict rule of compliance or no right to be paid.  The estate has the funds so it is not a question as to solvency. 
>  
>  
> Brent Williams-Ruth (preferred pronoun: he/him)
> Attorney-At-Law
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