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

[jcrspicatto at gmail.com]

Hi Brent,

 

After probate is closed, the PR has no authority to act on behalf of the estate unless the PR is reappointed by the court and new Letters are issued, the only exceptions being a court order that authorizes the PR to act for specific purposes or the PR reserving authority to deal with income taxes.  The creditor’s option is to file a petition to reopen the probate and then sue the estate; they’ll lose on both because they missed the creditors’ claim filing period unless they can prove they were a “reasonably ascertainable creditor”.

 

Jennifer C. Rydberg, JD

206-550-5491

 

From: Diane J. Kiepe <DJKiepe at depdslaw.com> 
Sent: Tuesday, October 19, 2021 11:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor Claim - No Direct Notice Provided but Probate Closed

 

Hi Brent 

 

It totally makes sense the court clerk allowed the filing bc they really just process what is presented.

 

I have heard one school of thought is to take no action-this puts the burden on the creditor to demand you reject or pay and trigger the process that follows.

 

Another school of thought is to reject bc PR has closed estate - this would require the creditor file an objection within 30 days to establish it was a reasonably ascertainable creditor entitled to direct notice and at that point you’d probably advise the client to pay bc after all the answer and appearance will cost more then the claim.

 

Third option is to have PR pay-if sole beneficiary or main beneficiary this may be the direction the client wants to take to just put it behind him/her.

 

In conclusion, it’s a conversation to be had with the client and take direction accordingly

Sent from my iPhone





On Oct 19, 2021, at 3:20 PM, Heather de Vrieze <heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com> > wrote:

 

My typical response is either to ignore, or reply that the estate is closed. If the Personal Representative has retained funds, payment is an option, but I don’t think required, unless the provider was reasonably ascertainable. Were they sending bills? 

 

Heather

 

Heather S. de Vrieze
Attorney-at-Law

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3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

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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 Brent Williams-Ruth
Sent: Tuesday, October 19, 2021 1:40 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com <mailto: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

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