[WSBAPT] Creditor Claim Plan of Action

[Mark Vohr]

Brent – I would do so.  In these kind of arrangements, you don’t know if your client would otherwise be a reasonably ascertainable creditor and entitled to actual notice.  The risk is that the probate is opened with no notice to your client and your client falls into the not reasonably ascertainable creditor and subject to an absolute bar to their claim after four months – a pretty short SOL.  Your client could also fall into litigation over whether they were reasonably ascertainable.

Not only is there no downside to making your client’s claim fall clearly within the definition of reasonably ascertainable, I would suggest there is a significant upside.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, January 26, 2021 1:00 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Claim Plan of Action

Greetings List -

I have a client who loaned a significant amount of cash to a neighbor years back to repair damage to that neighbor's home after one of our "epic" windstorms.  The neighbor was able to pay some over the years, but still has a huge balance outstanding and the neighbor has just passed away.

Would it be advisable to send a letter to the address of the neighbor advising that my client is owed money and we intend to file the creditor's claim - in essence becoming a known creditor where we will be entitled to direct notice?  I can't see any downside to doing this but also wanted to check.

Thank you!

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

New Address & Phones Effective December 1, 2020: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

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