[WSBAPT] Known Creditor Missing Claim Deadline

[Heather de Vrieze]

I have credit cards miss deadlines all the time, sometimes they’ll even call and ask if they can get paid; when I tell them the estate has enough money to pay claims submitted so far, but we don’t have a claim from them, they tell me they don’t plan to submit a claim.

Every card, every client situation different. It is why we go through this process, so the client can have assurance that this will not be a problem for them later. Make sure to file an affidavit of diligence indicating when the creditors were given direct notice.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7C02A.683F0940]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Wednesday, October 13, 2021 11:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Known Creditor Missing Claim Deadline

Listmates,
This is a first in my practice and I'd appreciate your suggestions and experience. A major credit card company, a known creditor to whom we mailed the Notice to Creditors, has not submitted a  claim within the claim period. I'm wary of advising the client to proceed as if this claim is barred simply because I am unused to credit card companies missing the deadline.

Have you experienced this before? What steps/action can I take to ensure we are on firm ground before advising my client that any subsequent claim is barred?

I know the claims statute has a procedure for obtaining a judicial determination that the PR has conducted a reasonable search for unknown creditors, but am not aware of anything similar for getting a judicial determination that a known creditor is time barred (other than receiving, denying, and adjudicating a late claim). Is this perhaps more common than I realize?

All your thoughts and experience are appreciated.

Warmly,
Laura

--
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028

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