[WSBAPT] Known Creditor Missing Claim Deadline

[Laura Latta]

Thank you, Heather. It's very helpful to know others have navigated similar
situations successfully. We will definitely file the affidavit of diligence.
Warmly,
Laura

On Wed, Oct 13, 2021 at 12:10 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> 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*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> 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
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
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-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



*NOTICE:  This communication may contain privileged or other confidential
information. If you have received it in error, please advise the sender by
replying to this email and immediately delete the message and any
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