[WSBAPT] Extending creditor claim period for PR claim?

Thu Mar 4 13:45:29 PST 2021

Thank you, Eden.  That was my understanding as well.  I recently had a CPA advise our mutual client that she needed to file a TEDRA petition to get reimbursed for expenses of the estate.  I wanted to make sure I didn’t miss something.  This listserv is wonderful for those of us with small offices.  Thank you!

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eden Rubenstein Toner <attorneytoner at earthlink.net>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Thursday, March 4, 2021 at 6:52 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Extending creditor claim period for PR claim?

No, expenses of the estate are not claims of a decedent’s creditors.  Creditor’s claims are debts incurred by the decedent (in other words, prior to death).
Eden Rubenstein Toner
Attorney at Law
Mail only:  21301 Hwy 410 E, #140
Bonney Lake, WA  98391
Phone 206-953-4485
www.edenrtoner.com
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Inge Fordham
Sent: Wednesday, March 03, 2021 5:36 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Extending creditor claim period for PR claim?

Colleagues,

The discussion below re: RCW 11.40.140<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.140> pertains to claims against a decedent.  I’ve heard mixed opinions about whether a personal representative with non-intervention powers must (or should) seek court approval for reimbursement of estate expenses.  Must a PR go through the procedure set forth in RCW 11.40.140 for reimbursement of estate expenses?

Thank you,

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Monday, February 8, 2021 at 10:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Extending creditor claim period for PR claim?

I agree with Heather—if this is a creditor claim by the PR, the PR must file it within the 4-month deadline. While technically a PR would be, via self-knowledge, a “reasonably ascertainable” creditor and so shouldn’t be barred unless the PR mailed a copy of the Notice to Creditors to themselves, I can’t believe (or I don’t want to believe) that any court would apply the language of the statutes so literally as to benefit the PR and allow them to file their claim any old time within 2 years because they didn’t “give notice” to themselves.

Side note, that the requirement of using the TEDRA petition procedure for approval of the claim, per RCW 11.40.140<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.140>, means a separate case has to be filed. This is nonsensical and counterproductive, but true because of the 2013 amendment<http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5135-S.SL.pdf?cite=2013%20c%20246%20%C2%A7%202> to RCW 11.96A.090(2)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.090>, which eliminated the option of filing a TEDRA petition under the existing probate caption, and now only allows filing as a separate case.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Monday, February 8, 2021 9:09 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Extending creditor claim period for PR claim?

Good morning,

Any way to extend the 4-month creditor claim period set to expire in a few days? Client PR just came forward with potential claims for reimbursement for her decedent mother's caregiving expenses prior to her death. I realize that we would have to file a petition under TEDRA, but this would also give the other heirs the opportunity to object, and obviously further creditor claims to be presented, but I also just need to know if extending the creditor claim period is even possible, and if so, if anyone has a template for such.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)

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