[WSBAPT] "Ascertainable creditor"?

[Roger Hawkes]

Ditto; I think there is no harm in sending notices that appear to be unneeded; otoh, there is harm in not sending notices to some person or entity who later proves to be a creditor.

Roger Hawkes, WSBA # 5173

Sultan Office:      423 Main (physical office)
                                 Box 351, Sultan, WA 98294 (incoming mail)
                                 Sultan, WA 98294

Other offices: we are scheduling in person meetings at various law offices in
North King and South Snohomish counties.  Virginia will be the person coordinating
Where and When and with Whom a meeting will be held.  Stay Safe!!  Our phone, fax and email addresses are the same as they have been for twenty five years😊

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stephen Brandli
Sent: Tuesday, September 7, 2021 8:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Ascertainable creditor"?

Assuming the debt was incurred before debt (see Doug’s comment), I would send notices to both the creditor and the management company.  In fact, I would do this even if the debt was incurred after death.

                Steve

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 Bryce Dille
Sent: Monday, September 6, 2021 2:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Ascertainable creditor"?

I litigated this issue and the superior court held any known party who has a possible claim against the estate of which you have knowledge and is known must be given notice even though a claim per se wasn’t made against the decedent during his or her lifetime.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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 Mark Vohr
Sent: Monday, September 6, 2021 1:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Ascertainable creditor"?

Agree with Roger.

Mark Vohr
Principal, Ohana Fiduciary Corporation
(206) 782-1189
Mcv at ohanafc.com<mailto:Mcv at ohanafc.com>
________________________________
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 Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>>
Sent: Monday, September 6, 2021 11:48:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Ascertainable creditor"?


I vote ‘yes’.  Seems to me that ‘ascertainable’ includes situations like this where liability is not clear.



Roger Hawkes, WSBA # 5173



Sultan Office:      423 Main (physical office)

                                 Box 351, Sultan, WA 98294 (incoming mail)

                                 Sultan, WA 98294



Other offices: we are scheduling in person meetings at various law offices in

North King and South Snohomish counties.  Virginia will be the person coordinating

Where and When and with Whom a meeting will be held.  Stay Safe!!  Our phone, fax and email addresses are the same as they have been for twenty five years😊



Phone: 206 367 5000; fax: 206 367 4005

Email: roger at law-hawks.com<mailto:roger at law-hawks.com>

Web site: www.hawkeslawfirm.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.hawkeslawfirm.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=PvdfB5OKiTA8EBc7UBW5iWVPUM08e_Pd2SKLWHzaE5M&s=_KWiWxoGhsS6f6KZ_GTKw27rQp8IYuM3j_XLoNv_iRQ&e=>

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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 Suzanne Lieberman
Sent: Monday, September 6, 2021 11:08 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Ascertainable creditor"?



Hello,



One more question.



Client is uncertain whether she is required to give notice to a creditor that has sent a billing statement made out to the decedent's condominium management company, but not to decedent or to decedent's estate directly, and which charges she disputes. The bill references decedent's unit number. The bill is for water mitigation damages that allegedly took place during our heat wave in June but which client did not authorize (client paid other water-damage bills related to her uncle's property prior to the sale of the house, with invoices made out to the estate). Client is not sure whether the condo association is covering these charges and doesn't want to volunteer information during the notice period if it's not required. Of course, she does if it is required.



Is the creditor considered "ascertainable" if Administrator is in receipt of the bill, regardless of whether the bill is made out to the estate?



Best,



Suzanne Lieberman

CMS Law Firm LLC<https://urldefense.proofpoint.com/v2/url?u=http-3A__cmslawfirm.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=PvdfB5OKiTA8EBc7UBW5iWVPUM08e_Pd2SKLWHzaE5M&s=sa5qfh4De6j_oIk072AT7IUpILrjvAbESkamELhekKw&e=>

811 Kirkland Ave. Suite 201 (please note new address!)

Kirkland, WA 98033

206-383-6484 (Cell Phone)

206-659-1512 (Main Office)





Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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