[WSBAPT] Known Creditor Missing Claim Deadline

Wed Oct 13 12:43:05 PDT 2021

I’m interested in the contents of an affidavit of diligence.  We file a declaration of mailing of notice to known creditors (to establish that actual notice was provided).  We also file a declaration of personal representative regarding ascertaining creditors.  Is there something more that we should be filing?  I haven’t yet run into a situation where a known creditor failed to make a claim but would like to be prepared if/when it happens.

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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
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Laura Latta <laura at lauralatta.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, October 13, 2021 at 12:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Known Creditor Missing Claim Deadline

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<mailto: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
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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/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
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PO Box 82356

Kenmore, WA 98028

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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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