[WSBAPT] Creditor Claim filed late - three days.

[John J. Sullivan]

I had a case last year where an in home care company served a claim on time but failed to file it with the court. The PR refused to pay snd the creditor went away. 

It was a blended family and the client would have been challenged if she had waived the defect. 

John J. Sullivan

Sent from my iPhone

> On Jan 15, 2021, at 5:54 PM, John J. Sullivan <sullaw at comcast.net> wrote:
> 
> 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
>> <image003.jpg>
>> 3909 California Avenue SW
>> Seattle, WA 98116-3705                         
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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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