[WSBAPT] Known Creditor Missing Claim Deadline

Wed Oct 13 13:39:58 PDT 2021

Thank you, Steve.

On Wed, Oct 13, 2021 at 1:14 PM Steve King <steve at talislawfirm.com> wrote:

> I’ve never done anything beyond what you’ve been doing Inge and haven’t
> had any problems with creditors, including a number of credit card
> companies, who haven’t filed claims within the claim period. If they
> contact the PR or my office after the claim period, and we’ve given them
> direct notice, I just send a polite letter telling them to go away with a
> citation to the RCW‘s.  That’s worked every time.
>
> Sent from my iPhone
>
> On Oct 13, 2021, at 12:57 PM, Inge Fordham <inge at fordhamlegal.com> wrote:
>
> 
>
> 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.
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com
>
>
>
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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> 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 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
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