[WSBAPT] SEA and homeless beneficiary

[Jennifer L White]

Marvin,
Wait two years and then do the small estate affidavit. The claims period will have run out (barring any unusual credit terms), so the claimant can honestly say the debts were “provided for.” Of course, a creditor can file a probate if no one else on the hierarchy files, but I’ve never actually seen it done, much less for a few bucks on a credit card account.
RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051>
Claims against decedent—Time limits.
(1) Whether or not notice is provided under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020>, a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the claim in the manner provided in RCW 11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070> within the following time limitations:
(a) If the personal representative provided notice under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> and the creditor was given actual notice as provided in RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020>(1)(c), the creditor must present the claim within the later of: (i) Thirty days after the personal representative's service or mailing of notice to the creditor; and (ii) four months after the date of first publication of the notice;
(b) If the personal representative provided notice under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> and the creditor was not given actual notice as provided in RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020>(1)(c):
(i) If the creditor was not reasonably ascertainable, as defined in RCW 11.40.040<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.040>, the creditor must present the claim within four months after the date of first publication of notice;
(ii) If the creditor was reasonably ascertainable, as defined in RCW 11.40.040<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.040>, the creditor must present the claim within twenty-four months after the decedent's date of death; and
(c) If notice was not provided under this chapter or chapter 11.42<http://app.leg.wa.gov/RCW/default.aspx?cite=11.42> RCW, the creditor must present the claim within twenty-four months after the decedent's date of death.
(2) An otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190<http://app.leg.wa.gov/RCW/default.aspx?cite=4.16.190>.
(3) This bar is effective as to claims against both the decedent's probate and nonprobate assets.


Jennifer L. White, Esq.
[cid:image001.jpg at 01D75704.AB3A2840]

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 Marvin Benson
Sent: Tuesday, June 1, 2021 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] SEA and homeless beneficiary

List mates:

In this case, client lives in a shelter and has no money.  His father dies and leaves a 5 K or so bank account but about 3 K in credit card debt.

The small estate affidavit says that the affiant has paid or provided for decedent's debts.

Is there a way around this?

Thanks.  Marvin
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210601/10a50f0f/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210601/10a50f0f/image001-0001.jpg>