[WSBAPT] Creditor Claim - No Direct Notice Provided but Probate Closed

Roger Hawkes Roger at law-hawks.com
Tue Oct 19 14:46:50 PDT 2021


Be aware that claims under a grand are deemed allowed if not rejected; idr the time frames.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, October 19, 2021 1:40 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Claim - No Direct Notice Provided but Probate Closed

Greetings Brilliant thinkers -

Estate closed through Declaration of Completion on May 20, 2021 - effective June 20, 2021.

Creditor Claim filed by our friends at DCM Services on behalf of a cell phone carrier on October 12th.

The Executor did not give actual notice to this phone company, but did publish. There are no facts to be known that would establish why they were not reasonably ascertainable.

I am struggling to see what options exist other than to:
1) pay the $340
2) ignore the letter because the probate is closed (though interestingly enough, the clerk allowed them to file in the case despite a Declaration of Completion).
3) issue a denial where the executor simply provides the affidavit of publication and claims that the creditor period is completed.

Appreciate any thoughts on the matter.

Brent

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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