[WSBAPT] Creditor Claim Plan of Action

[Jennifer L White]

That sounds like a good plan to send the letter. A couple other things to consider – Prepare your client to dig up documentary proof that the $$ was transferred to the decedent, anything in writing about the “terms” of the deal,  and to put together a record of what has been paid (if it’s contested, then client will have deadman’s statute evidentiary rules to contend with); and since they were good enough “friends” that your client loaned $$, then client probably knows a little bit about decedent’s personal life. If so, I would advise approaching in person the family or whomever starts appearing at the property to start a discussion about repayment of the loan. I think that is a softer approach than just dumping a CC on the estate, and will likely give client an impression of whether it will go smoothly or not.

Jennifer L. White, Esq.
[cid:image002.jpg at 01D6F3E8.98D07990]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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