[WSBAPT] Disputed Creditor Claim

[Heather de Vrieze]

If there is a pending lawsuit against decedent at the time of death RCW 11.40.110 requires that the Personal Representative be substituted as the defendant. Does this apply if we have a WA deceased defendant but the litigation is pending in another state?

If not, then presumably the other provisions of RCW 11.40 apply, and if the creditor files a claim, and the Personal Representative rejects it, does the creditor get to (or must they) file a new lawsuit in Washington? What happens to the lawsuit in other state?

I'm sure someone is more versed in these cross-border issues than I. I'm interested in any insight on this sticky issue, particularly cites to any case law.

Heather

Heather S. de Vrieze
Attorney-at-Law
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