[WSBAPT] Voiding a Notice to Creditors

[Mimi Wagner]

In the past I had a publication print the Notice to Creditors for two consecutive weeks instead of three despite instructions to the contrary.  Sounds like you don’t have a problem with publication starting with the erroneous notice.  In my case, I filed and published an “Amended Notice of Probate to Creditors” for the three weeks with new publication dates, and also filed (but did not publish) a “Statement Regarding Amended Notice of Probate to Creditors” explaining in the court file why we did this.   It all worked out fine and we didn’t have any deadline issues in that probate, nor any concerns about creditor’s claims (and none were filed), so the PR was okay with waiting a bit longer for the period to expire.   The newspaper did the second publication at no charge since it was their mistake.   If you file a new Notice to Creditors, because it is different than the first one, I would vote for entitling your second one “Amended” and publish the “Amended” one.   I did not do anything unusual to “customize” the body of the Notice to Creditors with my “Amended” notice since it’s a statutory form and I didn’t see any reason to change it anyway.  

 

Mimi M. Wagner 

Attorney at Law
mimi at sanjuanlaw.com <mailto:mimi at sanjuanlaw.com> 
Phone (360) 378-6234
Fax (360) 378-6244
 <http://www.sanjuanlaw.com/> www.sanjuanlaw.com

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Tuesday, May 11, 2021 12:57 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Voiding a Notice to Creditors

 

Hello,

 

We inadvertently listed the wrong date of first publication on our Notice to Creditors filed with the court. How do we properly "void" this document and what needs to be done on the newly filed one? Corrected date of first publication and reference to the misfiled notice?




Thank you!

 

Suzanne Lieberman

 <http://cmslawfirm.com/> CMS Law Firm LLC

811 Kirkland Ave. Suite 201 (please note new address!)

Kirkland, WA 98033

206-383-6484 (Cell Phone)

206-659-1512 (Main Office)

 

 

Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).

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